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INDIANA 
STATE LIBRARY 



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JOURNAL 



OF THE 



HOUSE OF REPRESENTATIVES 



OF THE 



STATE OF INDIANA, 



DURING THE 



CALLED SESSION 



OF THE 



GENERAL ASSEMBLY, 



COMMENCING MONDAY, NOVEMBER 13, 1865. 



INDIANAPOLIS: 
W. R. nOLLOVTAY, STATE PRINTER. 

1865. 



INDIANA STATB LIBRART 



JOURNAL 



OF TEE 



HOUSE OF REPRESENTATIVES. 



CALLED SESSION 



MONDAY, 2 o'clock, p. m., \ 
November 13, 1865. j 

During the Special Session of the General Assembly of the State 
•of Indiana, beg^in and held in the City of Indianapolis, on Monday, 
the thirteenth day of November, in the year of our Lord, one thou- 
sand eight hundred and sixty-five, being the day fixed for the meet- 
ing of the same, by the following proclamation of the Governor of 
the State of Indiana, calling the said Special Session: 

Executive Department of Indiana, 

Whereas, The Constitution of th« State of Indiana empowers 
the Governor thereof, whenever, in his opinion, the public welfare 
shall require it, to convene the General Assembly in Special Session ; 
Therefore, I, Oliver P. Morton, Governor, do hereby convene the 
General Assembly of said State, and require the members thereof 
to meet in their respective Halls in the State House, in the City of 
Indianapolis, at 2 o'clock, F. M., on Monday, the 13th day of Novem- 
ber, 1865. 

Done at Indianapolis, this 13th day of September, A. 
[seal.] D., 1865. 

By the Governor, 

0. P. MORTOK 
Attest : 
Nelson Trusleb,, Secretary! of Stak. 



In obedience to the foregoing proclamation, the members of the 
House of Representatives convened in their Hall on the day and 
hour above mentioned. 

The Speaker ordered a call of the House when the following 
members answered to their names : 

Messrs. Atkinson, Abbett, Bonner, Boyd, Branham, Brown, 
Burns, Burwell, Bird, Caldwell, Chambers, Church, Coffroth, Cowgill, 
Cox, Croan, Crook, Ferris, Glazebrook, Gleason, Goodman, Griffith, 
Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins^ 
Hogate, Hoover, James, Kilgore, Lane, Lasselle, Litson, Lockhart, 
Major, Meredith, Miller, Montgomery, McVey, Newcomb, O'Brien, 
Olleman, Osborn, Patterson, Perigo, Pinney, Prather, Reese, 
Rhoads, Richards, Richardson, Riford, Roach, Sabin, Shuey, Sim^ 
Stewart, Stivers, Stringer, Stuckey, Sullivan, of Scott, Thatcher, 
Veach, Welch, White, Woodruff, Wright, and Mr. Speaker— 72. 

Mr. Branham presented the credentials, of Richard H. Litson, a 
member elect from the county of Jefferson. 

Mr. Goodman presented the credentials of John Weikel, a mem- 
ber elect from the county of Dubois. 

Mr. Boyd presented the credentials of James S. Wright, a mem- 
ber elect from the county of Spencer. 

Mr. Coffroth presented the credentials of Haskiel N. Pinney, a 
member elect from the county of Johnson. 

Mr. Higgins, presented the credentials of Newell Gleason, a mem- 
ber elect from the county of Laporte. 

Mr. Newcomb presented the credentials of Stephen Davidson, a 
member elect from the county of Fulton. 

Mr. Sim presented the credentials of Calvin Cowgill, a member 
elect from the counties of Kosciusko and Wabash. 

Mr. Miller presented the credentials of John J. Caldwell, a mem- 
ber elect from the county of Clinton. 

All of whom came forward, were sworn into office by the Speaker, 
and took their seats. 



Mr. Branbam moved that a committee of three be appointed to 
inform the Senate that the House was organized and ready to pro- 
ceed to business. 

Which was agreed to. 

The Speaker appointed Messrs. Branham, Brown and Newcomb 
said Committee, 

Mr. Brown moved to reconsider the vote just taken, and that the 
Clerk be ordered to inform the Senate that the House of Represen- 
tatives was organized and ready to proceed to business. 

Which was agreed to. 

Mr. Newcomb oflfered the following resolution : 

Resolved, That the Speaker, Principal Clerk, Assistant Clerk, and 
Doorkeeper, elected at the regular session of this House, in Janu- 
ary last, are entitled to hold their respective offices during the official 
continuance of the present General Assembly. 

Messrs. Coffroth and Newcomb demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Burnes, 
Burwell, Caldwell Chambers, Church, Coffroth, Cowgill, Cox, Croan, 
Crook, Davidson, Ferris, Glazebrook, Gleason, Goodman, Gregg, 
Groves, Hamrick Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, James, Lane, Lasselle, Litson, Lockhart, Major, 
Meredith, Montgomery, McVey, New€omb, O'Brien, Olleman, Os- 
born, Patterson, Perigo, Pinney, Prather, Reese, Rhoads, Richards, 
Richardson, Riford, Roach, Sabin, Shuey, Sim, Stuart, Stivers, 
Stringer, Stuckey, Thatcher, Veacb, Weikel, Welch, White, Woodruff 
and Wright— 68. 

None voted in tfie negative. 

So the resolution was agreed to. 

Mr. Newcomb offered the following resolution : 



6 

Resolved That tlie following Aassistants be allowed to easli offiser 
of the House, to-wit: 

To the Principal Clerks 

1 Reading Clerk. 

I File Clerk. 

1 Registry Clerk. 

2 Engrossing Clerks, 

1 Enrolling Clerk. 

To the Assistant Clerk; 
4 Journal Clerks, 

To the Doorkeeper, 

3 Assistant Doorkeepers. 

2 Firemen and Sweepers. 

1 Water Carrier and Spittoon Cleaner. 

2d. That two pages shall be appointed by the Speaker, and, ast 
his option, one page for himself. 

3d. That a committee of five members of this House be appointed 
by the Speaker, to whom all applications for an increase of the em- 
ployees of the House shall he made by the proper officer, and if said 
committee shall regard such increase as necessary, they shall report 
a recommendation to that effect for the action of the House. 

4th. That the several officers above named may appoint the sub- 
ordinates to which they are severally entitled, at such times as they 
may deem their services necessary, and shall report the names of 
their several employes, and the date when their services commenced, 
to the Committee of Ways and Means. 

Mr. Coffroth moved to amend by making the number of pages 

three. 

Which was not agreed to. 

The resolution was then agreed to. 

Mr. Stewart offered the following Resolution : 

Resolved^ That the use of this Hall he tendered to Mr. E. H. Uniac 
for the purpose of deliveriug a lecture on Temperanee, this evening. 



The question being on the adoption of the foregoing resolution, 

There being no quorum voting, 

A call of the House was ordered, with the following result : 

Messrs. Abbott, Atkinson, Bird, Bonner, Boyd, Brown, Burns. 
Burwell, Caldwell, Chambers, Church, Coffroth, Cowgill, Cox, Croan, 
Crook, Davidson, Ferris, Glazebrook, Gleason, Goodman, Greg<?, 
Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, James, Kilgore, Lane, Lasselle, Litson, Lock- 
hart, Meredith, Miller, Montgomery, McVey, Newcomb, O'Brien. 
OUeman, Osborn, Patterson, Perigo, Piney, Prather, Reese, Rhoads, 
Richards, Richardson, Riford, Roach, Sabin, Shuey, Sim, Stuart, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Thatcher, Veach, 
Welch, White, Woodruff, Wright, and Mr. Speaker— 69. 

On motion, 

The further call was dispensed with. 

The question on the resolution offered by Mr. Stuart, 

Messrs. Kilgore and Newcomb demanded the ayes and noes. 

Those that voted in the aflSrmative were, 

Messrs. Abbott, Atkinson, Bird, Boyd, Brown, Burns, Burwell 
Caldwell, Chambers, Church, Coffroth, Cowgill, Cox, Croan, Crook, 
Ferris, Glazebrook, Gleason, Goodman, Gregg, Griffith, Groves, 
Hamrick, Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, 
James, Kilgore, Lane, Lasselle, Lockhart, Major, Meredith, Miller, 
Montgomery, McVey, Newcomb, O'Brien, OUeman, Osborn, Patter- 
son, Perigo, Pinney, Prather, Reese, Rhoads, Richards, Richardson, 
Riford, Roach, Sabin, Shuey, Sim, Stuart, Stivers, Stringer, Stuckey, 
Thatcher, Trusler, Veach, Welch, White, Woodruff and Wright— 68. 

Mr. Sullivan, of Scott, voted in the negative. 

So the resolution was agreed to. 

Mr. Higgins offered the following resolution : 

Resolved, That a committee of five be appointed to revise the rules 
for this House, 

Which was agreed to. 



8 

The following message from the Senate was received aud read. 

Mr. Speaker: 

I am directed by the Senate to inform the House of Representa- 
tives, that the Senate has convened, and has adopted a Resolution to 
the effect that they are prepared to receive any message or commu- 
nication from His Excellency the Governor. And the President has 
appointed Senators Dunning and Wright a committee on the part of 
the Senate to wait upon the Governor, and inform him that the Leg- 
islature is ready to receive any communication he may desire to make. 

Mr. Henricks moved that the resolution be concurred in, and a 
committee of three appointed on the part of the House. 
Which was agreed to. 

Mr. Groves offered the following resolution : 

Resolved, That the door-keeper be instructed to procure from the 
Secretary of State, copies of the House Journal, and the laws of the 
last session, and place one copy of each on the desk of each member 
of this House. 

Mr. Rhodes moved to amend so as to include the Senate Journal. 
Which was agreed to. 

The resolution, as amended, was then agreed to. 

Mr. Newcomb offered the following : 

Resolved, That the principal clerk be directed to place upon the 
files and calendar of this session of the House, all bills and joint res- 
olutions pending at the adjournment of the General Assembly at its 
last regular session, in the same order in which the same stood at the 
termination of said regular session. 

Which was agreed to. 

Mr. Higgins offered the following resolution : 

Resolved, That the Judiciary Committee be instructed to inquire 
into and ascertain whether laws passed in pursuance of an act enti- 
tled " an act providing for the completion of the unfinished business 
of any session of the General Assembly by the next successive spe- 
cial session of the General Assembly, approved March 4, 1865," are 



9 

good and valid in law, and that said Committee report by 10 
o'clock to-morrow. 

Mr. Newcomb moved to amend by striking out the words, " and 
that said committee report by 10 o'clock to-morrow." 
Which was agreed to. 

The resolution, as amended, was then agreed to. 

The Speaker announced the following committee on the part of the 
House, to wait upon His Excellency, the Governor : 

Messrs. Henricks, Brown and Stringer. 

Mr. Boyd oflfered the following resolution : 

Resolved, That the Auditor of State be, and he is hereby, requested 
to furnish to this House an itemized statement of the expenses for 
clerks and doorkeepers, together with all the attaches of the House 
of Representatives during the last session of the Indiana Legislature. 

Which was agreed to. 

Mr. Miller offered the following resolution : 

Resolved, That all the appointees of the last session of the House 
of Representatives be continued in the positions or offices during this 
special session which they held in said regular session. 

On motion by Mr. Montgomery, 

The resolution was laid on the table. 

Mr. Stuart offered the following resolution : 

Resolved, That a committee of three on the part of the House be 
appointed to act in conce.t with a like committee on the part of the 
Senate, to invite some regular minister of the gospel to attend and 
open with prayer the sessions of the Legislature, immediately prece- 
ding the delivery of the Governor's message. 

Which was agreed to. 

The Speaker appointed Messrs, Stuart, Church and Ferris said 
Committee. 

Mr. Henricks, from the Committee appointed on the part of the 



10 

House, reported that said Committee had waited on the Governor, 
and that he would deliver his message on to-morrow at 10 o'clock 
A.M. 

Mr. Osborne moved that the House do now adjourn. 

Mr. Thatcher moved to amend, that when the House do adjourn, 
it meet again at 9| o'clock to-m(?rrow morning. 
Which was agreed to. 

On motion, 

The House adjourned. 



TUESDAY MORNING, 9i o'clock,! 
November, 14th, 1865. j 



The House met pursuant to Udjournment. 
The journals were read and approved. 

BILLS INTRODUCED. 

Bj Mr. Burns : 

House Bill No. 203. A bill prescribing the duties of Prosecuting 
and District Attorneys in certain cases, and providing compensation 
for the same. 

Which was read the first time and referred to the Judiciary Com- 
mittee. 



11 

Mr. Griffith offered the following resolution : 

Resolved, That, until further ordered, the Doorkeeper be 
requested to obtain the letters and other mail matter from the Post 
Office and distribute the same to the members of this House. 

Mr. Miller offered the following amendment : 

Strike out all after the word resolved, and insert, that the arrange- 
ment of a Stationery Clerk and rules gOTerning the same for the 
regular session be continued for the special session, 

Mr. Brown moved to lay the amendment on the table. 
Which was agreed to. 

The question then being on the adoption of the resolution offered 
by Mr. Griffith, 
It was agreed to. 

Mr. Gregory, of Warren, introduced 

Bill No. 204. A bill legalizing the acts of Commissioners who 
have heretofore made Deeds under the order of Circuit and Common 
Pleas Courts in this State, on sales made by Executors and Admin- 
istrators and Guardians, under the orders of said Court, and confirm- 
ing the several deeds, so made and the title under the same. 

Which was read a first time and referred to the Committee od 
the Judiciary. 

Mr. Reese introduced 

Bill No. 205. A bill to provide for a more speedy settlement of 
ihe claims against defaulting State, County and Township officers. 

Which was read the first time and referred to the Committee on 
the Judiciary. 

Mr. Shuey offered the following resolution : 

.Resolved, That seats be prepared on the right of the Speaker'© 



12 

aesk and that members of the Senate be now invited to the Hall of 
the House to hear the Message of his Excellency the Governor. 
Which was agreed to. 

The Senate then came into the Hall of the House, and took their 
seats on the right of the Speaker's chair, Lieutenant Governor 
Baker presiding. 

Mr. Shuey moved that the Joint Committee be instructed to inform 
his Excellency, the Governor, that the Joint Convention is now 
ready to receive any communication he may desire to make known 
to the General Assembly, 

Which was agreed to. 

When the General Assembly of the State of Indiana was opened 
with prayer, by the Rev. Dr. HoUiday. 

After which his Excellency, the Governor, delivered the following 
Message in the presence of both Houses : 

Gentlemen of the Senate and House of Ilepre&entaiives : 

The Constitution provides that, if in the opinion of the Governor 
the public welfare shall require it, he may at any time, by proclama- 
tion, call a special session of the General Assembly. The provision 
of the organic law of the State rendering the regular sessions of the 
Legislature biennial, and limiting them to the term of sixty-one days, 
the condition of parties in this State during the last four years, and 
the public excitement incident to a state of war, unfitting, as it did, 
to some extent, the minds of men for the calm consideration of sub- 
jects of ordinary legislation, have all contributed to prevent the 
adoption of legislative measures which the progress of the State and 
the welfare of the people would seem to demand. 

At the last session of the General Assembly many important bills 
were introduced, but failed in the different stages of their progress 
for want of time to perfect and pass them. That the time spent on 
these unperfected measures might not be lost to the public, an act 
was passed providing that the business of any regular or special ses- 
sion of the General Assembly, on the calender or files of either House, 
and remaining unfinished at the expiration of such session, shall, at 
the next succeeding special session of the same General Assembly, 
be transferred to the calendar of the House in which it was pending, 



13 

in the same order in which such business stood at the termination of 
such regular or special session, and shall be taken up and disposed 
of in the same manner it might have been taken up and disposed of 
at such preceding regular or special session. The considerations 
before mentioned, the fact that the unfinished business of the last 
session, upon which much intelligent labor had been bestowed, could 
only be saved by re-convening the General Assembly in special ses- 
sion, and the belief that measures of vital importance demanded leg- 
islative action before the time fixed for the next regular session, have 
caused me to issue the proclamation, in pursuance of which you are 
now assembled. 

THE PUBLIC DEBT. 

The amount of the public debt of the State, consisting of two and 
a-half and five per cent, registered stocks, is seven million four hun- 
dred and eighteen thousand nine hundred and sixty dollars and fifty 
cents, (^7,418,960 50). Of this amount the sum of five millions 
three hundred and forty-two thousand five hundred dollars ($^5,342,- 
500) is five per cent., and the sum of two millions seventy-six thou- 
sand four hundred and sixty dollars and fifty cents ($2,076,460 50) 
is two and a-half per cent, stock ; that is, stocks upon which interest is 
paid at these rates. 

Of these stocks the Board of Commissioners of the Sinking Fund 
have purchased and now hold the sum of four hundred and forty-six 
thousand six hundred and seventy-two dollars and sixty-seven cents 
($446,672 67) of the five per cents, and the sum of fifty-one thousand 
two hundred and seventy-two dollars and fifty cents ($51,272 50) of 
the two and a-half per cents. 

The State Debt Sinking Fund has purchased and now holds seven 
hundred and eighty-eight thousand and thirty-five dollars ($788,035) 
of the five per cents, and ninety-six thousand nine hundred dollars 
(96,900) of the two and a-half per cents. 

The aggregate amount of what the State holds, through these two 
funds, is one million two hundred and thirty-four thousand seven 
hundred and seven dollars and sixty-seven cents ($1,234,707 67) of 
the five per cent, stocks, and one hundred and forty-eight thousand 
one hundred and seventy-two dollars and fifty cents ($148,172 50) 
of the two and a-half per cents ; in all, one million three hundred and 
eighty-two thousand eight hundred and eighty dollars and seventeen 
cents, ($1,882,880 17), leaving outstanding in the hands of the credi- 
tors of the State the amount of six millions thirty-six thousand and 



14 

eighty dollars and t'hirty-tliree cents, ($6,036,080 33,) of whicli four 
millions one hundred and sev^n thousand seven hundred and ninety- 
two dollars and thirty-three cents ($4,107,792 33) are five per cents, 
and one million nine hundred and twenty-eight thousand two hundred 
and eighty-eight dollars (§1,928,288) are two and a-haif per cents. 

The face of the stock, or the certificates of indebtedness, provide 
that " this stock is redeemable at any time after twenty years from the 
19th day of January, 1846, at the pleasure of the State ; and until 
redeemed is transferable upon surrender in the city of New York, 
in books provided for that purpose by the Agent of State, there 
resident, by endorsement thereon, and according to such other rules 
and forms as are or may be prescribed for that purpose. And for the 
payment of the interest and redemption of the principal aforesaid, 
the faith of the State of Indiana is irrevocably pledged." 

The twenty years referred to will expire on the 19th day of Janu- 
ary next, and the question first to be considered is whether these 
stocks fall due at that time, and whether the contract made by the 
State requires that payment shall be made on that day. By some it 
has been urged that the words " at the pleasure of the State," are to be 
treated as surplusage, and the money held to fall due precisely at the 
end of the twenty years. In support of this view it is argued that 
because a State can not be compelled to pay her debts by legal process, 
the payment will in all cases be " at the pleasure of the State." I 
fail to perceive the force of this, and must hold that the language in 
question means just what it says, that the State may consult her own 
convenience as to the time of making payment, unless there is some- 
thing in the history of the transaction, out of which this form of 
indebtedness sprang, or something contained in the law creating it, 
which requires that a different construction should be put upon the 
language. The naked legal effect of the instrument, if not modified 
by history or provisions of the statute creating it, I take to be this : 
That until the end of the twenty years the State has no right to require 
the creditors to take their money, and thus stop the payment of the 
interest, but that the money was to be paid at some time after the end 
of the twenty years, according to the pleasure and convenience of the 
State. But this pleasure of the State must be reasonably exercised, 
so as not to defeat the payment of the principal sum absolutely. The 
construction I have heard contended for, that the State may defer the 
payment of the principal twenty-five, fifty, or one hundred years, or 
in fact forever, provided the interest is promptly paid, can not be 
maintained; for that would be to defeat the operation of the conclu- 



15 

ding sentence of the instrument, above quoted, -fthich solemnly pledges 
the good faith of the State for the payment of the principal as well 
as the interest. This solemn pledge -would be a nullity if the State 
was at liberty to defer the payment of the principal forever, or indefi- 
nitely, by the prompt payment of the interest. 

The next question to be considered is, whether there is anything 
in the statutes creating this stock, or in the history of the whole 
transaction, showing the intention of the parties as to the time when 
the principal should be paid, or pointing to a period beyond which 
the State would have no right to defer its payment. 

On the 1st of July, 1846, the State was indebted upon bonds issued 
and sold for purposes of internal improvement, in the sum of eleven 
millions and ninety thousand dollars, (§11,090,000). On these bonds 
the interest had not been paid since 1841. The interest due and in 
arrears amounted to three millions fifty-five thousand four hundred 
and thirty dollars, ($3,055,430). 

These bonds were issued between the years 1832 and 1842, were 
of difi'erent denominations, and were to run for twenty-five and thirty 
years, and bore interest at the rate of five, six, and seven per centum 
; per annum, payable semi-annually, for which there were coupons 
j signed and attached to the bonds. The State finding herself unable to 
pay the interest on her indebtedness, accepted of a proposition made 
by her creditors, the details of which will be found embodied in the act 
of January, 1846, and the supplementary act of January, 1847, which, 
taken together, constitute what is generally known as the " Butler 
bill." By the compromise and settlement, as finally concluded in the 
supplemental act of 1847, the Wabash and Erie Canal, together with 
the lands which had been granted to the State to aid in its construc- 
tion, were transferred, the canal in perpetuity, and the lands in fee 
simple, to certain trustees in trust for the bondholders, in absolute 
payment and discharge of one-half the principal and accrued interest 
of the debt, which half thenceforward and forever ceased to be a lia- 
bility against the State or a charge upon her revenues. The bond- 
iholders, upon their part, agreed to make such additional subscriptions 
as might be necessary to complete the canal to Evansville, estimated 
at eight hundred thousand dollars, (.$800,000), which condition was 
complied with on their part, and the Canal so completed. For the 
other half of the debt, principal and interest, the State was to issue 
to the bondholders certificates of indebtedness or stock. Upon such 
stock, issued for the principal sum, the State was to pay intorest at 
the rate of five per cent, per annum, semi-annually. The interest in 



16 

arrears from 1841 to 1847 was funded, and interest on the aggregate 
thus funded was calculated at the rate of two and a half per cent, 
per annum from January 1, 1847, to January 1, 1853, and added to it, 
and for the whole amount stocks were issue d, bearing interest at the 
rate of two and a half per cent, per annum from the 1st day of Jan- 
uary, 1853, payable semi-annually. The arrangement was a compli- 
cated one, involving many details which it is not necessary to give 
here, and I shall only present a very brief outline. 

The act of 1846 was, in many important respects, modified and 
amended by the supplementary act of 1847, and the two together 
constitute the basis and consideration upon which the creditors re- 
leased the State from all liability for one-half the principal and inter- 
est of the debt. 

The first section of the act of 1846 concludes in these words : 
^^ A7id provided further, That if the revenues of the State, up to 
the first day of January, 1853, to be derived from a property tax of 
twenty-five cents on every one hundred dollars of value, and a poll 
tax of seventy -five cents, shall not, by reason of the taxes being paid 
in six per centum treasury notes, or from other causes, be sufficient, 
after defraying the current expenses of the Government, to pay said 
rate of interest of two per centum, then and in that case, the State 
shall only be required to pay, up to said first day of January, ] 853, 
such rate of interest as the par funds in her treasury, derived from 
the taxation aforesaid, shall enable her to do ; which shall be paid 
and distributed, pro rata, on the principal specified in such certificate 
of stock, and the deficit, with six per centum interest per annum from 
the time it became due, the State shall and will make up and pay to i 
the holders of such certificates on or by the first day of January,; 
1853." 

It will be perceived that this section does not, in direct terms, make 
a levy of twenty-five cents on every one hundred dollars of value, and 
of seventy-five cents on each poll ; but it evidently proceeds upon the 
hypothesis that such a tax shall be levied and continued for a series of 
years. The act, of which this section is a part, was reported to the 
Legislature by the lion. Henry Secrest, Chairman of a Special Joint 
Committee, to whom the subject had been referred. He accompanied 
the bill with a report from the Committee, from which I extract the 
following passage : 

" By reference to the tables appended to the second proposition 
of Mr. Butler, it will be seen that, if the taxables in the State shall 
increase at the rate of $6,000,000 a year in value, (which is a mod- 



17 

-erate estimate), a tax of tvrenty-five cents on the liundred dollars, 
and seventy-five cents poll, will afford the means of paying the State 
expenses, absorbing all the six per cent, treasury notes, and paying 
two per cent, interest upon the public debt up to the year 1853; and 
from and after that time paying the State expenses and two and a-half 
per cent, upon the entire funded debt of the State, including back 
interest and deficiencies of interest ; and not only so, but that the 
proceeds of the same tax would, in addition, produce an annually in- 
creasing surplus, to be set apart for the absorption of the principal 
of the public debt ; which surplus, for the single year 1860, would 
be about $140,000.'-' 

From this it clearly appears to have been contemplated by the 
Committee that a continuing tax of twenty-five cents on every one 
hundred dollars, and seventy-five cents poll, was to be assessed for 
the payment of the principal and interest of the debt, and reference 
is made to certain tables which had been prepared by Mr. Butler, 
going to show what would be accomplished by such a tax, estimating 
the increase of the polls to be six thousand per year, and the increase 
of taxable property at six millions of dollars per year, and carrying 
the calculation as far down as 1860. Mr. Butler's calculation, how- 
ever, turned out to be greatly erroneous, inasmuch as the ordinary 
expenses of the State Goveanment were estimated too low, and the 
increase of taxable property from 1846 to 1864, averaged nearly 
twenty-one millions of dollars, instead of only six millions per annum. 
On the next day after the passage of this bill, and apparently in pur- 
suance of its provisions, the Legislature passed an act making a gen- 
eral levy, for State purposes, of seventy-five cents poll, and twenty- 
five cents on each one hundred dollars' worth of property. 

In the supplementary act of the next year, 1847, the following 
provision will be found contained in the fourteenth section : 

" And whereas, doubts have been suggested on the part of some 
such last mentioned persons, (foreigners holding bonds), in respect of 
the matters hereinafter mentioned or referred to, which doubts may 
operate prejudicially to the operations contemplated by the said reci- 
ted act, and it is therefore expedient that the same be removed; now, 
to demonstrate the good faith of the State of Indiana, and for the re- 
i moval of all such doubts as aforesaid, and with the view to create 
I general confidence in the arrangement made in the said recited act by 
i the State for the liquidation of its debt : 

i " Be it enacted, That the tolls, revenus and profits, of the said 
!■ Canal and its appurtenances, present and future, and the moneys to 
M. J.— 2 



IB 

arise and be collected by and from the sales of the land and premises 
contiguous thereto, and in the said act more particularly mentioned 
and described, and the personal taxes to be levied toward the payment 
of the said debt, as in the said act also mentioned, and the receipt 
and application thereof for that purpose, as in the same act is also 
provided, shall remain and be inviolate and in full force, and the pay- 
ment of the principal moneys and interest on the certificates and 
stock intended to be created pursuant to the said act, and this act^ 
and all certificates and evidences of the title thereof, respectively^ 
shall be and continue efi'ectual and inviolate by the means aforesaidj 
until the objects and purposes of the said act, and this present act^ 
shall be fully accomplished," 

The only taxes referred to in the act of 1846, were the seventy- 
five cents poll and the twenty-five cents on the one hundred dollars 
worth of property, and by this section the good faith of the State is 
solemnly pledged that the said taxes shall be maintained inviolate and 
in full force, and the proceeds thereof faithfully applied to the pay- 
ment of the principal and interest of the stocks created in pursuance 
of the act of 1846. The substance of this pledge, and of the under- 
standing entertained by the Legislature on the one hand, and the 
bondholders on the other, may be briefly stated as this i That a tax 
of seventy-five cents on each poll, and twenty-five cents on each one 
hundred dollars of property, should be continuously levied, and that, 
after defraying the ordinary expenses of the State Government, and 
paying' the interest on the debt, the surplus proceeds should be ap- 
plied to the liquidation of the principal sum. 

The new Constitution, which was framed in 1850, three years after 
the passage of this act, contains the following provision : 

Section 2, Article X.: " All the revenues derived from the sale of 
any of the public works belonging to the State, and from the net 
annual income thereof, and any surplus that may at any time remain 
in the Treasury, derived from taxation for general State purposes 
after the payment of the ordinary expenses of the government, and 
of the interest on bonds of the State, other than bank bonds, shall 
be annually applied, under the direction of the General iVssembly, to 
the payment of the principal of the public debt." 

This provision evidently contemplates the speedy payment of the 
public debt, and the existence of an annual surplus to arise from gen- 
eral taxation for State purposes, and imperatively commands the 
annual application of such surplus to the liquidation of the public 
debt. 



19 

To show tlic vieT.'S entertained by the committee who prepared the 
section, I vf'iW present in full the report by which it was accompanied 
when it was laid before the Convention : 

'• The Committee on State Debt and Public Works, to whom was 
referred sundry resolutions, directing them to inquire into tlie'expe- 
dienc}'' of appropriating all the revenues derived from the sale of any 
of the public works belonging to the State, and from the net income 
thereof, and also any surplus that may at any time remain in the 
treasury derived from taxation for general State purposes, after the 
payment of the ordinary expenditures, have had the same under con- 
sideration, and having come to the conclusion that the entire debt of 
the State will be paid within fifteen years, by a continuation of the 
rate of taxation prescribed by law, have directed me to report the 
accompanying section, to be engrafted in the new Constitution, and 
ask to be discharged from the further consideration of the subjects 
embraced in said resolutions." 

This report was submitted by Judge Hall, of Gibson county, one 
of the most eminent lawyers in the State, and is so explicit in regard 
to the understanding of the committee that the tax was to be con- 
tinued, and that it would pay the debt by 1865, that it leaves no room 
to doubt as to the purpose for which the constitutional provision was 
introduced. 

Afterwards, on the 25th day of January, 1851, this provision came 
up in the Convention for consideration, when Mr. Howe, of Lagrano-e, 
ofi'ered to amend by adding the following clause, not as a substitute, 
but additional : 

"That a specific tax of fifty thousand dollars, with an annual 
increase of five per cent., be levied for twenty-five years, and ex- 
pended each year in the purchase of our State bonds, unless the State 
debt is sooner paid off," 

In support of his amendment he used the following language : 

"It is very probable that the present rate and method of taxation 
guaranteed in what is commonly called the Butler Bill, will be ob- 
served ; but even if that taxation affords a fund for the payment of 
the debt, this will enable us to pay it off soonei'. Besides our public 
debt was contracted chiefly for the benefit of property, and property 
should pay it. 

Mr. Borden then said : 

"I desire to make an inquiry of my friend from Gibson (Mr, 

i Hall), whether the section now under consideration provides that any 

overplus of the taxes arising from the imposition of twenty-five cents 



20 

tax on the hundred dollars valuation, shall be applied to the definite 
object of liquidating the principal of our outstanding State debt after 
the payment of the interest on the debt?" 
In answer to this question, Judge Hall said : 

" The arrangement, and only arrangement, with our bondholders, 
was under the acts of 1846 and 1847, by which twenty-five cents on 
every hundred dollars worth of taxable property, and seventy-five 
cents poll tax, were pledged for the payment of the principal and 
interest of the public debt until it shall be entirely paid. According 
to a calculation made, if this system of taxation shall be continued, 
in eighteen years the entire public debt will be paid ofi". The com- 
mittee of which I am chairman, having charge of the subject, believ- 
ing that there was a propriety in placing it beyond the power of the 
Legislature to violate the pledged faith of the State, instructed me to 
introduce a section providing that the twenty-five cents on each one 
hundred dollars of taxable property, and seventy-five cents poll tax, 
should be annually assessed until the debt was paid. This section 
was laid upon the table, and, I think, inconsiderately. I think the 
matter should be placed beyond the power of change by the Legisla- 
ture." 

Mr. Borden then replied as follows: 

"Sir, on a previous occasion, I desired that this should be done; 
because I know that this is the wish of the people I have been sent 
here to represent. They do not want the subject to be left with the 
Legislature. They are willing to carry out in good faith the arrange- 
ment made with the bondholders of the State, and to pay twenty-five 
cents tax upon every one hundred dollars valuation, until the State 
debt is extinguished; and they desire that a clause shall be inserted 
In the Constitution which shall secure the application of this overplus 
to the extinguishment of the principal of the State debt." 

Mr. Stevenson then followed, opposing Mr. Howe's amendment, on 
the ground that taxes should not be levied in the Constitution, and 
in conclusion used these words : 

" Sir, this attempt to levy an additional tax upon the people by us 
is all wrong. I believe there is virtue enough in the people to settle 
this matter through their representatives in the Legislature, and I 
much prefer to leave it with that body." 

Mr. Walpole followed in a speech, opposing the adoption of the 
original section reported by the Committee, for the reason that he 



21 

"WouUl Jo nothing to confirm the contract made b}^ the State with the 
bondholders unless there was also a provision requiring the bond- 
holders to perform their part of the contract. 

Mr. Maguire followed in support of the original section as reported 
by the Committee, and referred with approbation to the calculation, 
showing that the then existing rate of taxation would pay the debt in 
fifteen or sixteen years, if the surplus was properly applied from year 
to year in the purchase of our stocks at the market value. 

Mr. Ritchie then moved to re-commit the section, with instructions 
to strike out and insert that, ''the present rate of taxation, twenty- 
five cents on taxable property and seventy-five cents on each poll, 
shall be continued until the indebtedness of the State is fully liqui- 
dated." 

Mr. Ritchie then said : ^ 

" I would remark that this is a transcript of the report of the Com- 
mittee on the subject, and I have no doubt if this course is adopted 
that in some fifteen or eighteen years the public indebtedness of the 
State will cease to exist. Under the action of the General Assembly 
we made this agreement with our bondholders in reference to the 
payment of the bonds they held, which constituted the public debt. 
The adoption of a proposition of this kind will not only increase the 
credit of the State, but do away with any suspicion that we have any 
disposition to repudiate the contracts we have made. We owe it to 
our constituents that we should endeavor to erase the unjust aspersions 
cast upon them in relation to this matter. And it is due also to our 
bondholders that we should repeat here, in this Convention, the action 
of the Legislature in the arrangement made by which, in some fifteen 
years, we will rid our State of its public debt." 

Here the debate ended, and the original section was adopted, both 
amendments being laid upon the table. 

I have referred particularly to this debate to show the vievrs enter- 
tained by the Committee reporting the Constitutional provision, and 
the understanding of the Convention at the time of its adoption. It 
seems clearly to ha\e been understood by the Convention that the 
Butler Bill guaranteed the continuance of the tax of seventy-five 
cents on each poll and twenty-five cents on each one hundred dollars 
worth of property, until the debt v.'a3 liquidated, and the main subject 
of discussion was whether this guarantee should be specifically incor- 
porated into the Constitution. 



22 

• 
If the levy and continuance of a specified tax for the payment of 

the principal and interest of the debt was guaranteed in the original 

arrangement made by the Legislature with the creditors, it would be 

conclusive evidence that the State and the creditors were looking to 

the payment of the principal sum as well as the interest, and that 

the State could not, in good faith, indefinitely postpone the payment 

of the principal sum. 

But it is equally clear from Mr. Butler's calculations, that he did 
not expect that the taxes which were guaranteed would be sufficient 
to pay the debt by the 19th day of January, 1866, for, in fact, by his 
tables, the principal of the debt could not be paid before 1872 or 
1874, and when we take his tables in connection with the language of 
the certificate, " redeemable at any time after twenty years at the 
pleasure of the State," it is manifest that Mr. Butler had no assurance 
that the principal of the debt would be paid promptly at the end of 
the twenty years. 

It turned out, however, that the basis of taxation was far more 
favorable to the speedy payment of the debt than was contemplated 
by Mr. Butler and the Legislature in 1846, for the average increase 
of taxable property, from that time until the present, has been, as be- 
fore stated, nearly twenty-one millions of dollars per annum, instead 
of six millions. And a calculation which I have caused to be made, 
will show that if the guaranteed rates of taxation had been main- 
tained, there would be in the Treasury on the first day of January, 
1866, a surplus of four millions eight hundred and ten thousand sev- 
en hundred and four dollars and thirty-one cents, (^4,810,704 31,) 
aftei defraying the ordinary expenses of the State Government, and 
the interest on the debt from year to year ; and it is easy to show 
that if this surplus had be-^n applied from time to time, as it accrued, 
to the purchase of our stocks at their market value, the whole debt 
would have been paid by the 19th day of January, 1866. 

It was well understood by Mr. Butler and the bondholders in 1846 
that these rates of taxation were all that the State was able to bear 
at that time, or would be able to bear for many years, and the lan- 
guage of the certificates, making the principal payable "after the end 
of twenty years, at the pleasure of the State," shows that the Legis- 
lature entertained doubts whether the State would be able to pay 
promptly at the end of twenty years, and that they did not intend to 
place her in a situation where, if she failed to make such payment, 
she would violate her contract, and stand before the world as repu- 
diating or bankrupt. 



2S 

In 1852 the Legislature departed from these rates of taxation, and 
reduced the levy to twenty cents on each one hundred dollars worth 
of property, and fifty cents on each poll. This rate upon polls was 
continued until 1865, but the levy upon taxable property fluctuated 
from fifteen to twenty cents on the one hundred dollars from 1853 to 
1861. 

In 1852 the Legislature passed an act creating the State Debt 
Sinking Fund, and levying a tax of two cents on the one hundred 
dollars " for the reduction and ultimate extinction of the public 
debt." 

This Fund was placed under the control of three ComraissionerSj 
consisting of the Auditor, Treasurer and Agent of State, who were 
directed to invest the proceeds of the tax from time to time in the 
purchase of the two and a half and five per cent, stocks. The inter- 
est on the stocks thus purchased was to be paid semi-annually to the 
Commissionors, who were to invest the same in similar stocks, and 
thus create a Sinking Fund for the ultimate redemption of the stocks 
created by the Butler Bill. 

In 1857 the Legislature failed to levy any tax for State purposes 
for the years 1857 and 1858, and for those two years no revenue was 
collected. In 1859 an act was passed instructing the Auditor of 
State to sell the stocks v^^hich had been purchased by the State Debt 
Sinking Fund to the Board of Commissioners of the Sinking Fund, 
in order to raise money to defray the ordinary expenses of the State 
Oovernment, and to supply the deficiencies in revenue growing out 
of the failure to levy and collect taxes for the preceding two yeare. 
This act being held void for want of a title, the Board of Commis- 
sioners of the Sinking Fund refused to act upon it, but the Auditor 
of State treating it as an instruction, sold the stocks in open market, 
and put the money into the Treasury. At the regular session in 
1861, it was enacted, that for the year 1863, and every year there- 
after, five cents be levied on each one hundred dollars' worth of pro- 
perty for the reduction and ultimate extinction of the public debt, to 
be used by the State Debt Sinking Fund Commissioners as before 
described, but at the extra session in the same year, an act was 
passed diverting this tax, and that for the years 1861 and 1862, from 
the State Debt Sinking Fund, to the payment of the War Loan, which 
had just been authorized, with a provision, hovrever, that if the hold- 
ers of the War Loan Bonds would not sell them to the State at rates 
Qot exceeding their j9ar value, the proceeds of the tax should be in- 



24 

vested in the stocks created by the Butler Bill, according to the 
terms of the original act creating the State Debt Sinking Fund. 

This legislative history, it must be admitted, is rather curious and 
contradictory, and comes short of performing the obligations which 
the State in 1846 entered into with her creditors. 

For this non-performance, up to 1861, a valid excuse can hardly be 
found, but for what has happened since, the excuse is ample. The 
contingencies and necessities of war override all other considerations, 
and if they cause a failure in the strict performance of a contract, 
it would not subject a State to the imputation of being wanting in 
good faith. 

In view of the whole matter as I have presented it, the just con- 
clusion seems to be this — that while the State is not bound to pay the 
principal of this debt on the 19th day of January, 1866, or be con- 
sidered in default, yet that she is not at liberty to postpone the pay- 
ment of it indefinitely ; that to do so would be to violate the fair 
construction of the certificate itself, and the explicit understanding 
that existed in the Legislatures of 1846 and 1847, and in the Con- 
vention of 1850, as shown by their several enactments and debates ; 
but that she is bound to make provision to pay the debt within such 
reasonable time after the twenty years as may comport with the 
original understanding of the parties, the ability and condition of the 
State, as left by the war, the faithful performance of her contracts, 
and the preservation of her good name. The whole subject is there- 
fore commended to your careful consideration, in the hope that your 
conclusion, whatever it shall be, may be announced before your final 
adjournment, so that the State and her creditors may know what they 
have to depend upon. 

As before shown, the amount of these stocks outstanding in the 
hands of our creditors and to be provided for, is six millions thirty-six 
thousand and eighty dollars and thirty-three cents (^6,0S6,080 38). 

The Auditor of State has furnished me a statement in which he 
estimates that there will be in the Treasury, on account of State 
Debt Sinking Fund, on the 1st day of May n^xt, the sum of one 
million dollars (§1,000,000). 

The Board of Commissioners of the Old Sinking Fund will prob- 
ably have on hand, in cash, on the 1st day of January, 1866, the 
sum of six hundred thousand dollars (-$600,000. 

There is due also to the old Sinking Fund about nine hundred 
thousand dollars (|'900,000) on loans secured by mortgages on real 
estate, which, however, could not be made available for several years, 



25 

owing to the extension of time made by the State to the mortgagors, 
unless by the issue of a like amount of bonds bearing six per cent, 
interest, which is one per cent, less than that which the State receives 
on the mortgages, the bonds to be paid out of the proceeds of the 
mortgages vhen collected. These bonds disposed of to our credi- 
tors or others, at par value, and the moneys referred to, if promptly 
invested in our stocks, w^ould procure some two millions six hundred 
and fifty-thousand dollars (^2,650,000) of our stocks, and thus reduce 
the amount in the hands of our creditors to three millions three hun- 
dred and eighty-six thousand and eighty dollars and thirty-three 
cents (^3,386,080 33). 

The cash on hand in the Old Sinking Fund draws no interest, and 
has not for many months, and without regard to the conclusion you 
may come to as to the time or mode of paying the public debt, I 
earnestly recommend that all the cash and other assets belonging to 
the Old Sinking Fund be as speedily as possible invested in our State 
stocks, and the somewhat formidable and costly machinery by which 
that fund has been managed, abolished. The fund thus converted 
into our stocks can be easily managed by the Auditor of State w^th 
equal advantage to our common schools, and at a saving of no small 
expense. Of course it will be understood that such stocks as now 
belong to the Old Sinking Fund, or as may be purchased by its assets, 
must in some form be kept alive for the benefit of the School Fund, 
so that that fund, which is made inviolable by the Constitution, may 
not suffer by the conversion. 

The financial system of Indiana is complicated, expensive, and 
anomalous. The State is a debtor, owing large sums of money, upon 
which she pays interest semi-annually, and incurs all the expenses 
thereto necessarily incident, such as the keeping of an agency in 
New York, the purchase of exchange, and other items of cost too 
numerous to mention. She is at the same time a lender of money, 
and maintains an expensive machinery to carry on that operation, 
and is subject, of course, to occasional losses incident to all money 
Renders. 

If, therefore, the trust funds of the State could be invested in her 
own stocks it would greatly cheapen and simplify her financial system, 
land restore to its administration that public confidence, the absence 
of which has long been felt. 

Should the assets of the Sinking Funds be converted into our public 
I debt, as I have suggested, the whole debt of the State left outstand- 
ing in the hands of her creditors to be provided for, might be thus 
.stated : 



26 

Two and a half and five per cent, stock $3,386,080 33 

War Loan Bonds 438,000 00 

Vincennes University Bonds 6(3, G85 00 

Floating Debt, estimated at ,.. 100,000 00 

Total debt,. ^3,990,765 33 

The conversion suggested can be made within the next six months, 
and there is no propriety in the State appearing to the world as being 
indebted in the sum of seven or eight millions of dollars when she has 
the means in her own hands of reducing it to less than four millions. 

ENUMERATION AND APPORTIONMENT. 



It is not creditable to the State that any provision of its Constitu- 
tion, mandatory in its character, and not in conflict with the National 
Constitution, should remain a dead letter because of the non-action 
of the legislative department. If law-makers would have their enact- 
ments obeyed by the masses they should set an example of obedience 
by a prompt and fnithful performance of those duties enjoined upon 
them by the higher law contained in the Constitution itself. More 
than fourteen years have elapsed since the adoption of the present 
Constitution of the State, and to this day there are two subjects on 
which its language is that of positive command where there has been 
no corresponding obedience — one of these subjects being almost vital 
to the existence of the Legislature itself. The first of these is the 
periodical enumeration of the white male inhabitants above twenty-; 
one years of age, and the periodical apportionment of Senators and 
Representatives, based upon this enumeration. The other is the pro- 
viding of Houses of Correction and Reformation for juvenile oS"en- 
ders. 

Allow me earnestly to call your attention to both of these consti- 
tutional mandates in the order above stated. The Constitution of 
1851 provides that the first and second elections of members of the 
General Assembly after its taking efi'ect shall be according to the ap- 
portionment last made by the General Assembly before the adoption oj 
said Constitution. This provision gave ample time for making the enu- 
meration and apportionment required by the organic law of the State. 
The Constitution says that the General Assembly shall., at its second 
session after the adoption of this Constitution, and every six years 
thereafter, cause .an enumeration to be made of all the white mal€ 
inhabitants over the age of twenty-one years. It further says that 



27 

'^ the number of Senators and Representatives sliall, at the session 
next following each period of making such enumeration, be fixed by 
law and apportioned among the several counties according to the 
number of vv^hite male inhabitants above twenty-one years of ago in 
each." The General Assembly of 1853 designed to carry out the 
first of these provisions by passing an act approved February 24th, 
185-3, entitled, "An act to provide for the enumeration of all the 
white male inhabitants over the age of twenty-one years, in the State 
of Indiana in the year 1853, and pay the officers for taking the 
same." In consequence of defects in this law, as I understand the 
matter, the enumeration contemplated by it was never completed and 
published, and although more than twelve years have since elapsed, 
no other act providing for an enumeration has been passed. In 1857 
the General Assembly passed an act entitled, " An act to apportion 
Senators and Representatives for the next four years.'' This act was 
not based upon an enumeration of the white male inhabitants of the 
State over the age of twenty-one years, for no such enumeration had 
been completed, and although it has long since expired by its own 
limitation, no other apportionment law has been enacted in its place, 
and by common consent, and from the necessity of the case, members 
of both houses of the General Assembly are still elected under the 
provisions of this law, which has ceased to exist, and which, if in 
existence, has become grossly unjust and unequal by the change in 
the population of the several counties of the State since 1857. A 
literal compliance with the Constitution as to enumeration and appor- 
tionment, is now impossible, but the nearest practical approach to it 
should be promptly made. To this end I recommend the passage of 
an act providing for an enumeration such as is contemplated by the 
Constitution, to be made in 186(3, and rnother in the year 1871, and 
another every six years after the year 1871. These periodical enu- 
merations should be provided for by a permanent enactment that 
•would require no renewal at the expiration of each period of six 
years, and to secure its enforcement there should be adequate penal- 
ties for any failure of duty on the part of the oflScers charged with 
making the enumeration. To meet the present emergency I further 
recommend the passage of a law, temporary in its character, making 
a new apportionment of Senators and Representatives on the basis 
of the votes cast at the Presidential election in 1864, such apportion- 
ment to continue until a new one can be made based upon the enumer- 
ation required by the Constitution. 



28 



HOUSES OF REFORM FOR JUVENILE OFFENDERS. 

1 

I, 

The other particular before alluded to, in which a positive require- ' 
ment of the Constitution has hitherto been wholly disregarded, relates 
to the establishment of Houses of Correction and Reform for juve- 
nile offenders. 

The second section of the ninth article of the Constitution reads as 
follows, viz: 

" The General Assembly shall provide Houses of Refuge for the 
correction and reformation of juvenile offenders." 

In accordance with this humane and enlightened provision, the 
eighteenth section of the first article further provides that the penal 
code shall be founded on the principles of reformation, and not of 
vindictive justice. 

It may well be doubted whether the county jails should, in any in- 
stance, be used as places of punishment for any class of offenders, and 
whether they should not be solely employed as places of detention of 
accused persons awaiting trial. Be this as it may, there can be no 
doubt as to the duty and policy of speedily establishing Houses of 
Reform for Juvenile Offenders. 

The Legislature of 1855, impressed with the propriety of providing 
a place in which youthful offenders might be confined, uncontamina- 
ted by the proximity and examples of old and hardened offenders, 
authorized the purchase of a tract of land a few miles west of Indian- 
apolis, for the express purpose of establishing a House of Reform for 
Juvenile Offenders. In pursuance of this authority the land was 
purchased, but since then nothing further has been done to carry into i 
execution the provisions of the Constitution on this subject. | 

Institutions of this description have ceased to be an experiment, 
numbers of them having been established in other States of the Union 
with the most beneficial results. I most earnestly recommend that 
immediate steps be taken for carrying into execution, with the least 

possible delay, this requirement of the Constitution. , 

I 

soldiers' relief laav. I 

1 

The restoration of peace and the consequent discharge from the 
service of the United States of the major part of the Volunteers of 
this State, since the adjournment of the General Assembly, render 
it proper that there should be a complete and thorough revision of 
the Act for the relief of the families of soldiers, seamen and marines, 



29 

ami sick and wounded soldiers in hospitals, approvdl JIarch -Itli, 
18G5. Difficulties have arisen in the construction of the act, and 
although the Auditor of State has taken great pains to prevent a 
diversity of action in taking the enumeration contemplated by the 
act, I regret to say his efforts have not been successful in procuring 
entire uniformity. There is also a want of uniformity of construc- 
tion as to the persons entitled to receive the benefits of the act, the 
local authorities in some counties, as I am informed, holding that the 
soldier's family must be reduced to a co' dition of absolute pauperism, 
ibefore they can receive the allowance provided for by the act, while 
in other counties, relief has been afforded whenever the soldier's fam- 
jily was, in the language of the seventh section of the act, otherwise 
without " sufficient means for their comfortable support," although 
ithey might possess some property or means. The latter is obviously 
Ithe proper construction, and it is greatly to be regretted that the act 
should not have been liberally construed in all parts of the State. 
There is also some uncertainty as tO'the time when the weekly allow- 
ance provided by the act shall commence, or from what time it shall 
ibe computed to those entitled, although in my opinion the auditor of 
State has properly decided that the allowance should commence from 
the date of the passage of the act. So far as it rni^y be necessary 
to continue the provisions of the act in force, I recommend tl>e adop- 
tion of such explanatory legislation as may be necessary to remove 
existing ambiguities, and to secure the benefits of the act to all those 
within its scope and spirit, and to prevent the illiberal construction 
before alluded to. The Act contemplates the levy and collection of 
a three mill tax on all taxable property and a poll tax of one dollar 
on each taxable poll for each of the years 1865 and 1866. I respect 
fully suggest that under existing circumstances it will neither be nec- 
essary nor proper that these taxes should be levied or collected for 
the year 1866, beleiving that the levy for 1865 if properly disbursed 
will be sufficient to furnish all the relief that the altered condition of 
the country demands. 

soldiers' and seamen's home. 

I earnestly invite your attention to the necessity for the speedy 
■ .establishment of an Institution in which Indiana soldiers and seamen, 
'disabled by wounds or disease contracted in the service of the United 
' States, shall be cared for and maintained during the continuance of 
'1 1 the disabilities under which they are laboring. Justice, humanity 



30 ' 

and the honor of the State, forbid that these brave men should be 
permitted to suffer for the comforts of life, or be compelled to receive 
from the public such assistance as is accorded to ordinary paupers. 

On the 15th day of May, last, for the purpose of enlisting the 
sympathies of the people in the establishment of such an Institution, 
I issued'an address, of which a copy is herewith respectfully submit- 
ted. In pursuance of the invitation contained in this address, two 
successive meetings were held at Indianapolis, for the purpose of 
effecting a temporary organization of a Home for disabled Indiana 
Soldiers and seamen, and to inaugurate a system for the collection 
of voluntary contributions sufficient to place it ultimately on a per- 
manent foundation. 

At the second of these meetings, held on the 24th day of May last, 
a temporary organization was effected, the basis of which v-ill be 
seen by reference to a copy of the proceedings of said meeting here- 
with respectfully submitted. j 

Soon after, applications for relief on the part of disabled soldiers 
were presented to the officers of the Association, and the Common i 
Council of the City of Indianapolis, generously tendered the gratuitous 
use of the City Hospital Buildings to the managers of the Associa. 
tion for a temporary Home, which offer was accepted, with the dis- 
tinct understanding that its acceptance should not in any degree 
influence the ultimate location of the Institution, should the effort to ' 
place it on a permanent basis, be successful. The temporary Home ' 
was opened on the seventh day of August last, and the absolute ' 
necessity for such an institution is demonstrated by the fact that I 
already forty-six (46) disabled soldiers have been admitted into the 
Institution, twenty-one (21) of whom, after remaining some time and 
receiving the best care and medical treatment, have been discharged, !| 
with the prospect of being sufficiently restored to enable them to care 
for themselves, and one has died, leaving twenty-four still to be cared 
for. Of the twenty-four still in the Institution, seventeen are totally 
disabled, either by old age, disease, or wounds received in battle. 

The funds received by the Treasurer of the Home from voluntary 
contributions, amount in the aggregate to $4,994 55, in addition to 
which there are unpaid subscriptions, the estimated amount of which 
will increase this to over $20,000. It is to be feared that the Insti- 
tution cannot be placed upon a permanent foundation by voluntary ; 
contributions, and in view of this I submit the entire subject to the 
General Assembly, and respectfully but earnestly reccommend that 



31 

prompt measures be taken to secure the object in view,. feeling assured 
that it will commend itself to your judgment and sympathies. 

The U. S. General Hospital, at Jeffersonville, is one of the most- 
complete establishments of the kind in the country, and is well adapted 
to the purposes of a Soldiers' Home. I have written to the Secretary 
of War and Surgeon General for information, as to whether the Gov- 
ernment would be willing to turn over this hospital to the State of 
Indiana, to be used in the establishment of such an institution, should 
the State desire it. The answer, when received^ will be communicated 
to the General Assembly. 

OFFICIAL BONDS, 

The public interests require that there should be some legislation 
on the subject of official bonds, to prevent the sureties therein from 
setting up, as a defense to actions brought on such bonds, some unper- 
formed outstanding agreement between them and their principals. 
Under existing decisions, a surety in an official bond, when sued 
thereon, may plead, as a defense, that when he signed the bond the 
principal promised him that he would procure some other person to 
execute it as a co-surety, and that the bond was filed and approved 
in violation of this agreement. Sound policy requires that when 
official bonds are properly approved, and filed in the proper office, 
there should be no doubt as to their binding obligation on all the 
parties executing the same. I respectfully recommend the passage 
of a law, providing that every principal and surety in an official bond 
shall be required, before such bond is approved, to acknowledge its 
execution before some officer authorized to take the acknowledgement 
of deeds, the acknowledgement to be certified on the bond, and 
making the bond thus acknowledged as binding, to all intents and 
purposes, upon such surety as it is upon the principal, and declaring 
that as between the State and the surety, such surety shall be deemed 
and taken to be a principal, and expressly prohibiting him from 
setting up any defense thereto, other than such as might avail the 
, principal. 

I GRAND JURIES. 

I 

The experiment inaugurated in 1852, of depriving the Grsnd Ju- 
ries of jurisdiction over misdemeanors, has been fully and fairly test- 
ed, and I respectfully submit, that the lesson taught has not con- 
firmed the wisdom of this change, in the administration of our penal 



S2 j 

code. Experience, I think, has clearly demonstrated that where it 
is not made the sworn duty of some properly constituted tribunal to 
make diligent inquiry and true presentment, as to the minor offenses 
against the penal code, these offenses will go unpunished, and thereby 
beget a disregard of law, and result in the increase of crime. 

The General Assembly has already found it necessary to restore 
the jurisdiction of Grand Juries over one class of misdemeanors, and 
it is not perceived why the same considerations which induced this 
partial return to the old system, do not require a complete restora- 
tion of the jurisdiction so long exercised by the Grand Inquests of 
the several counties. I therefore respectfully recommend the resto- 
ration of this jurisdiction. 

EMIGRATION. ;] 

The return of peace will increase the tide of emigration from Eu- 
rope to the United States, whilst many of the brave soldiers of Indi- 
ana, who have been campaigning in the Southern States will doubt- ^ 
less seek new homes in the regions through which they have marched. 
These considerations render it of the highest importance that steps 
should be taken to attract to this State the largest possible number 
of foreign emigrants. j 

To this end, I repeat the recommendation for the establishment of 
a Bureau of Emigration, contained in my last regular message. 

world's fair. 

In this connection I call your attention to the subject of the World's 
Fair, or " Universal Exposition," to be opened at Paris, France, on 
the 1st of April, 1867. It is eminently desirable that specimens of 
the agricultural productions, manufactures, mechanical improvements, 
and mineral wealth of Indiana, should be there exhibited. They 
would constitute the best advertisement, to the people of the Old 
World, of the great resources, progress and wealth of the State, the 
energy, intelligence, and refinement of her people, and the superior 
inducements and advantages presented to immigration. 

I recommend to your consideration the propriety of making pro- 
vision for such exhibition, and herewith lay before you certain docu- 
ments in regard to the Fair which I have received from the Secretary 
of State of the United States. 



I 



EDUCATION. 

The subject of education will doubtless have your early and care- 
ful consideration. I cannot refrain from again recommending the 
speedy establishment of a IState Normal School, Competent and 
skillful teachers are essential to a good system of education, and 
these cannot be supplied in sufficient numbers to meet the increasing 
wants of our people, without an institution whose business it shall 
be to train teachei'S for their profession. 

MORGAN KAID. 

'I again respectfully invite the attention of the General Assembly 
to the damages occasioned to some of our citizens, by the invasion of 
the State by John Morgan, in 1863. I have seen no cause for 
changing the views expressed on this subject in my regular message 
delivered at the commencement of your last session, and therefore 
repeat the i-ecommendation therein made. ,. . „. 

SCHOOL FUND. •;.■'■• . ' 'i ■• 

The first section of Article Eight of our State Constitution pro- 
vides as follows: "Knowledge and learning, generally diffused 
throughout a community, being essential to the preservation of free 
government, it shall be the duty of the General Assembly to encour- 
age by all suitable means, moral, intellectual, scientific, and agricul- 
tural improvement ; and to provide by law for a general and uniform 
system of common schools, wherein tuition shall be without charge, 
and equally open to all." The language of this provision is very 
broad, and would seem, in letter and in spirit, to embrace all the 
children of the State without regard to color. Svirely it cannot be 
denied that, as we have a colored population in [our midst, it is our 
interest, independent of those considerations of natural justice and 
humanity which plead so strongly, to educate and elevate that popu- 
lation. An ignorant and degraded element is a burden and injury 
to society, whatever may be its color. It therefore becomes a matter 
of sound political economy, as well as absolute justice, that whatever 
colored population we may have should be educated, and enabled to 
become intelligent, industrious, and useful members of the community. 
It is also especially important at this time, when the President of 
the United States and the people of the North are requiring the 
people of the South to make provision for educating their co 
, H. J.— 3 



34 

population, and protecting them in the enjoyment of civil rights, 
that the Northern States shouhl set the example, and practice what 
they preach, by extending to their smaller colored population the 
rights and benefits which they demand for them from others. 

The laws of Indiana exclude colored children from the common 
schools, and make no provision whatever for their education. I would 
therefore recommend that the laws be so a,mended as to require an 
enumeration to be made of the colored children of the State, and such 
a portion of the School Fund as may be in proportion to their num- 
ber, be set apart and applied to their education by the establishment 
of separate schools, under such suitable provisions and regulations 
as may be deemed proper. I would not recommend that white and 
colored children be placed together in the same schools, believing, as 
I do, in the present state of public opinion, that to do so would create 
dissatisfaction and conflict, and impair the usefulness of the schools. 
I am informed that a system can be devised, by which separate schools 
for the education of colored children can be successfully maintained 
iri various parts of the State, and believe that justice, humanity, and 
sound policy require that it should be done. 

By the school law of 1865, negroes and mulattoes are not taxed 
for the support of common schools, but if colored schools should be 
established this law should be so amended as to subject them to like 
taxation with white persons for educational purposes, 

TESTIMONY OF COLORED PERSONS, . • , 

In my message to the Legislature at the last session, I held the 
following language in regard to the admission of the testimoney of 
colored persons in cases in which white persons are parties ; 

"The statute which excludes negroes from testifying in courts ofj 
iustice, in cases in which white persons are parties, is, in my opinion, 
a stigma upon the humanity and intelligence of the State. The idea 
that the white race must be protected against the eolored, by impos- 
ing on them this disability, is absurd, and has been made the cover 
and protection of much crime and injustice. As the law stands, 
murder may be perpetrated with impunity by white persons in the 
presence only of colored witnesses, and it is well known that negroes 
are often employed by white persons as the instruments of crime and 
fraud, because of their inability to testify in courts of justice. The 
interests of both races demand that this disabihty be removed ; and 
if the fact of color affects credibility, that can be referred to the 



i 



35 

court and jury as in other cases, and ivould undoubted] j receive due 
consideration. Indiana and Illinois are the only free States whose 
statute books are dishonored by the retention of a h^w ?o repugnant 
to the spirit of the ago, and the dictates of common senc-e." 

I can add notliing to the force of what I have before said, but de- 
sire again earnestly to recommend the repeal of this obnoxious 
statute. It is due, however, to the State of Illinois, to say that her 
statute book is no longer disgraced by this law, and that Indiana has 
the bad eminence of being the only State in the North that retains it. 

INDIANA TROOPS. 

The part which Indiana has taken in the v/ar for the suppression of 
the rebellion, is a matter upon which the citizens of the State may 
justly pride themselves. 

In the number of troops furnished, and in the amount of voluntary 
contributions rendered, Indiana, in proportion to her population and 
•wealth, stands equal to any of her sister States. It is also a subject 
of gratitude and thankfulness that, whilst the number of troops fur- 
nished by Indiana alone in this great contest would have done credit 
to a first class nation, measured by the standard of previous wars, not 
a single regiment, battery, or battalion from this State has brought 
' reproach upon the national flag, and no disaster of the war can be 
traced to any want of fidelity, courage, or efficiency on the part of 
any Indiana officer. 

The endurance, heroism, intelligence, and skill of the officers and 
soldiers sent forth by Indiana to do battle for the Union, have shed 
a lustre on our beloved State of which any people might justly be 
proud. Without claiming superiority over our loyal sister States, it 
is but justice to the brave men, who have represented us on almost 
every battle field of the war, to say that their deeds have placed Indi- 
ana in the front rank of those heroic States which rushed to the 
ipscue of the imperiled government of the nation. 

The total number of troops furnished by the State for all terms of 
service in the armies of the Union, exceeds two hundred thousand 
men, much the greater portion of these being for three years ; and in 
; addition to this not less than fifty thousand State militia have from 
Itime to time been called into active service to repel rebel raids and 
(defend our southern border from invasion; all of which will be fully 
iishown in the official report of the Adjutant General, now in course 
jjof preparation for pubHcation. 



S6 

Since the end of the war, all the Indiana troops have been mustered 
out of service except eighteen regiments of infantry, and three regi- 
ments of cavalry. Every effort consistent with the interests of the 
Government has been made by the Executive Department of the State 
to procure the early muster out of these remaining Indiana regiments, 
and assurances have been received that orders for zheir discharge will 
be issued as soon as their services can be dispensed with. For other 
interesting details relating to our troops you are respectfully referred 
to a communication from the Adjutant General herewith submitted. 

REORGANIZATION. 

Since the adjournment of the Legislature the civil war which had 
desolated our country has terminated in the complete triumph of the 
Government and the suppression of the rebellion. The evacuation of 
Richmond, and the capitulation of Lee's army, were rapidly followed 
by the surrender of every other rebel army in the field, and irreg- 
ular guerrilla warfare almost entirely passed away in a few weeks. 
The suppression of the rebellion and the subjugation of armed rebels ' 
seems to be complete, while every rebel State has confessed to the , 
irretrievable destruction of the institution of slavery. The people of j 
the South have been beaten and overpowered in the field ; they have I 
wholly lost their property in slaves ; much of their country has been 
overrun and made desolate by the march and ravage of great armies; 
poverty and wretchedness have been brought home to large classes 
who before had lived in wealth and luxury ; large numbers of their 
population have perished in the conflict, and there is prevailing among 
them great exasperation and bitterness which time alone can assuage. 

The gi'eat majority, however, appear to regard the verdict of the 
war as irreversible, and to promptly accept the situation as one they 
cannot modify or put aside. But while the heresy of State sove- 
reignty has been extirpated, and the questions involved in the con- 
flict settled by the arbitrament of arms, it is yet of the greatest im- 
portance to the nation that these questions be adjudicated and deter- 
mined by the highest judicial tribunal, which might most appropri- | 
ately be done in the trial, for high treason and other atrocious crimes, 
of the chief instigator and head of this most wicked and bloody rebel- 
lion. It should be definitively established as a principle in our Con- 
stitution, both by judicial decision and example of punishment, tha 
rebellion is treason, that treason is a crime which may not be com 
mitted with impunity ; and that there is but one sovereignty, whicl 
resides in the collective and undivided people of the United States. 



37 

The work of reorganizing the Governments of the rebel States, 
aiW bringing them again into practical relations with the Government 
and people of the United States, is now upon the country, and de- 
mands for its successful performance the greatest wisdom, patience, 
and forbearance. 

But while it is important that the work of reorganization shall not 
be unnecessarily delayed, it is more important that it shall proceed 
upon sound principles, which will furnish guarantees for the future 
integrity and peace of the Republic. The principal discussions which 
arise on this subject pertain to the future status of the negro in the 
Southern States. By some it is urged that conferring suffrage upon 
him shall be made a condition of reorganization, or in other words 
that the States lately in rebellion shall not be permitted to resume 
their practical relations with the Government, except upon the terms 
of first conferring the rights of sufi'rage upon their freedmen. As 
to the manner in which this measure shall be accomplished, the friends 
of it differ. Some are in favor of persistently excluding the mem- 
bers of Congress from the Southern States, until negro suffrage has 
been incorporated into their several Constitutions. Others assume 
that the States lately in rebellion are no longer members of the Union, 
but have forfeited and lost their character as States, and are in fact 
held as conquered provinces, and, like unorganized territories which 
may have been acquired by the Government, are under the complete 
control and jurisdiction of Congress, which may confer suffrage upon 
whomsoever it pleases. 

The subject of suffrage is, by the national Constitution, expressly 
referred to the determination of the several States, and it can not be 
taken from them without a violation of the letter and spirit of that 
instrument. 

But without stopping to discuss theories or questions of constitu- 
tional law, and leaving them out of view, it would, in my opinion, be 
unwise to make the work of reconstruction depend upon a condition 
of such doubtful utility as negro suffrage. 

It is a fact, so manifest that it should not be called in question by 
any, that a people who are just emerging from the barbarism of 
slavery are not qualified to become a part of our political system, and 
take part, not only in the government of themselves and their neigh- 
bors, but of the whole United States. So far from believing that 
negro suffrage is a remedy for all of our national ills, I doubt whether 
it is a remedy for any, and rather believe that its enforcement by 
Congress would be more likely to subject the negro to a merciless 



38 

persecution, than to confer upon him any substantial benefit. By 
some it is thought that suffrage is already cheap enough in this coun- 
try; and the immediate transfer of more than a half a million of men 
from the bonds of slavery, with all the ignorance and degradation 
upon them which the slavery of generations upon southern fields has 
produced, would be a declaration to the world that the exercise of 
American suffrage involves no intellectual or moral qualifications, and 
that there is no difference between an American freeman and an 
American slave, which may not be removed by a mere act of Con- 
gress. What is far more important to the freedmen than suffrage, is 
that their several States shall give them the right to testify in courts of 
justice, afford to them the ordinary judicial machinery for the protec- 
tion of their civil rights, provide for their education, and thus enable 
them to qualify themselves for the higher political duties of the citizen. 
It is not less vital to their interests that the Constitutional Amend- 
ment be adopted, which not only forever prohibits slavery throughout 
the nation, but confers upon Congress the power of legislating for 
the protection of their liberty and civil rights; and these things, 
among others, the President of the United States has imposed as 
precedent conditions in the work of reorganization, and has declared 
his purpose to hold and govern these States by military authority, as 
in a state of war, until they have been complied with. Time, and the 
influence of the new conditions by which they are surrounded, will 
elevate the condition of one race, and soften the prejudices and 
asperities of the other, and will accomplish what legislation and 
violent political changes can not. The inevitable presence of both 
races upon the same soil, the demands and necessities of capital and 
labor, and the unavoidable community of interest, will, in process of 
time, I can not doubt, force a reciprocity of rights and privileges. 
The institution of slavery was so closely intertwined about the foun- 
dation of society in the Southern States, that, when it was destroyed, 
society was uprooted and broken to pieces. The process of its recon- 
struction is but beginning, but it is very certain that the new structure 
will differ, in most essential particulars, from the old. Free labor, 
free speech, and free schools, will come into it as new and powerful 
elements of change and progress, and large emigration from the 
Northern States and from Europe, bringing commerce, manufactures 
and improved agriculture, will exert a modifying and beneficial influ- 
ence, the effect of wdiich can hardly be over-estimated. 

Another amendment, not only conducive to the interests of the 
freedmen, but demanded by the rights and interests of the white peo- 



39 

yjle of the North, should be made, changing the basis of representi:- 
tion in Congress, and the apportionment of political power, among 
the several States. The present provision in the Constitution of the 
Unite<i States concerning this, reads as follows : "Representatives 
and direct taxes shall be apportioned among the several States, 
■which may be included within this Union, by adding to the number 
of free persons, including those that may be bound to service for a 
term of yeare, and excluding Indians not taxed, three-fifths of all 
other persons." The phrase, "three-fifths of all other persons," was 
a periphrastic description of the slave population, and gave repre- 
sentation for three-fifths of their number. By the abolition of 
slavery, this population is added to the "number of free persons," 
and thus increases the basis of representation by the addition of two- 
fifths. 

The inequality produced between the several States by this form 

of representation, is too palpable to require argument. By its oper- 
ation, eight millions of white people in the Southern States hold and 
exercise political power full sixty per cent, greater than an equal 
number of white people in the Northern States, by reason of having 
in their midst four and a half millions of negroes. This provision 
was the chief compromise which our fathers made with the institu- 
tion of slavery, and although, through a sense of its great injustice, 
it has been impatiently acquiesced in by the Northern people, yet it 
has been carried out in good faith ; but now that slavery, the founda- 
tion of this compromise, has passed away, the provifiion should be so 
changed as to suit the altered condition of the country, and do jus- 
tice to every part of the nation. If it were so amended as to 
apportion representation and political power among the several States 
according to the actual number of male voters over the age of twenty- 
one years, it would be equally fair for all, and would put it out of the 
power of the people of any State, or class of States, to increase or 
double their political power by the presence in their midst of a pop- 
ulation which they themselves deprive of all political rights ; and thus 
an inducement would be presented to the several States, in order to 
enlarge their power in the Government, to confer political rights upon 
every class of persons, without regard to color or nationality, as rap- 
idly as might be deemed consistent with their true interests. 

By the census of 1860, the fifteen slave States were allowed eighty- 
four (84) members of Congress, because of the representation of 
three-fifths of their slaves, and now that the slaves are made free, 
and the £vther two-fifths added to their basis of representation, they 



40 

would be entitled to fourteen members more, although, perhaps, in 
point of law, this increase cannot take place anterior to the year 
1870. If the negro population was equally diffused throughout all 
the States, this inequality would not exist, but the fact is, it is not 
so diffused, and the probability is that the concentration in the South- 
ern States will, become greater from year to year by the emigration 
thither of the colored population of the North. According to the 
census of I860, the Southern States upon a white basis would have 
been entitled to sixty-six members of Congress, instead of eighty- 
four according to the existing basis. 

Whatever opposition there may be to the adoption of this proposed 
amendment, it amounts, when stripped of its coverings and sophis- 
tries, simply to this : that the white people of the South shall con- 
tinue to exercise in the future, as in the past, sixty per cent, more of 
political power in the National Government, than an equal number of 
white people in the North, and for this great inequality and injus- 
tice I am wholly unable to perceive any good or suflScient reason. 

Should such an amendment be passed by the requisite majorities 
through the Congress of the United States, before your final adjourn- 
ment, I would most respectfully, but earnestly, recommend its imme- 
diate ratification on your part. 

In conclusion upon this subject, I am not of the opinion that the 
Herculean work of reconstruction will be accomplished at one time, 
by any general and sweeping process, but that it will proceed State 
by State, as each one shall conform to the requirements of the Gov- 
ernment, and show itself loyal and prepared to resume its practical 
relations in the Union. The conditions which have been imposed 
upon these States by the President, are not only reasonable and legit- 
imate, but are dictated by justice and a wise foresight for the future 
of the Republic, and although they may not be accepted this year, or 
even the next, yet that they ultimately will be I have no doubt. And 
if the work of reorganization shall be successfully completed within 
the same period which was required to put down the rebellion, it will 
be within the limit of my expectations. 

CONCLUSION. . ■ ^ 

The war has established upon imperishable foundations, the great 
fundamental truth of the unity and indivisibility of the nation. We 
are many States but one people, having one undivided sovereignty, 
one flag, and one common destiny. It has also established, to be 
confessed by all the world, the exalted character of the American 



41 

Soldier, his matchless valor, his self-sacrificing patriotism, his capac- 
ity to endure fatigues and hardships, and his humanity, which in tho 
midst of carnage has wreathed his victorious achievements with a 
brighter glory. 

He has taught the world a lesson before which it stands in amaze- 
ment, how, when the' storm of battle had passed, he could lay aside 
his arms, put off the habiliments of war, and return with cheerful- 
ness to the gentle pursuits of peace, and show how the bravest of 
soldiers could become the best of citizens. 

To the Army and Navy, under the favor of Providence, we owe 
the preservation of our country, and the fact that we have to-day a 
place, and the proudest place, among the nations. 

Let it not be said of us, as it was said in olden time, that " Repub- 
lics are ungrateful." Let us honor the dead, cherish the living, and 
preserve in immortal memory the deeds and virtues of all, as an in- 
spiration for countless generations to come. 

OLIVER P. MORTON. 

The object of the Joint Convention having been accomplished, the 
Speaker of the House declared the Convention adjourned. 

The Senate then retired to their chamber. 

On motion by Mr. Hamrick, 

The House adjourned till 2 o'clock P. M. 



2 o'clock, p. m. 
j The House met. 

HOUSE BILLS ON SECOND READING. 

No. 34. A bill to amend the eighteenth section of an act entitled 
"an act regulating the decents and apportionments of estates." 

t On motion by Mr. Kilgore, 

The bill was read a second time, and bill and amendments were 
indefinitely postponed. 



42 I 

House "bill No. 44. A bill to amend the seventy-sixth section of 
an act entitled " an act defining misdemeanors and prescribing pun- 
ishment therefor," approved June 14th, 1852, was taken up, and the 
following, heretofore reported by the Committee on the Judiciary, 

was read ; . . ■ . - ■ 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No 44, 
entitled " an act to amend the seventy-sixth section of an act entitled 
* an act defiining misdemeanors, and prescribing punishment there- 
for, approved June 14, 1862,' " respectfully report that the House 
has passed a bill from the Senate, upon the same subject. Your 
Committee, therefore, report back House bill No. 44, and recom- 
mend that it be laid on the table. 

The recommendation of the report was concurred in, and the bill 
laid on the table. 

No 81. A bill to amend the second section of "an act to enable 
the owners of wet lands to drain and reclaim them, when the same 
cannot be done without affecting the lands of others," approved 
march 7, 1863, was taken up with the following recommendation from 

Committee on Swamp Lands. '. 

I 
Mr. Speaker: I 

The Committee on Swamp Lands to whom was referred House bill | 
number 81 — a bill to amend section two of an act entitled "an act 
to enable the owners of wet lands to drain and reclaim them, &c.," 
approved march 7th, 1863 — have had the same under consideration, 
and direct me to report the same back to the House, and recommend 
its passage. 

Which was read a second time, ordered to be engrossed, and pass- 
ed to a third reading. . . i, I 

No. 95. A bill to enable railroads to alter their lines in certain 
cases, was taken up with the following amendment, heretofore recom- 
mended by the Committee on Railroads : 

Mr. Speaker : . 

The Committee on Railroads, to whom was referred House bill No 



I 



43 

95, have }ia;l tlie samo under consideration, and have instructod nu 
to report the same hack with the following ameadLUjnt, and, when so 
amended, recommend its passage : 

First, Amend section one by adding the following : 

" And any change so made by any Railroad Company, shall sub- 
ject them to the payment of all damages that may be sustained by 
any parties from such change, to be recorded the same as other dam- 
ages are now recorded. 

On motion by Mr. Hararick, 
Said bill and pending amendments were referred to the Comaiittee 
on Corporations. 

No. 101. A bill to entitle Recorders to their fees in advance, and 
allowing them compensation for keeping up entry book and general 
indexes, and repealing. all laws inconsistent therewith. 

Was taken up with the following recommendation, heretofore re- 
ported by the Committee on Fees and Salaries : 

Mr. Speaker : 

The Committee on Fees and Salaries, to whom was referred House 
bill No. 101, " an act to entitle Recorders to collect their fees in ad- 
vance, and allowing them compensation for keeping up entry book 
and general indexes, and repealing all laws inconsistent therewith," 
have had the same under consideration, and have directed me to re- 
port the bill back and recommend its passage. 

Which was read a second time. 

Mr. Iliggins moved to indefinitely postpone said bill. 
Which was not agreed to. 

On motion by Mr. Newcomb, 
House bill No. 101 was referred to the Committee on the Judicia 

No. 108. A bill to amend the 35th section of the act entitled '' an 
act to repeal all general laws now in force for the incorporation o 
cities, and to provide for the incorporation of cities, prescribe their 
powers and rights, and the manner in which they shall exercise the 
same, and to regulate such other matters as properly pertain there- 
to," approved March 9th, 1857, 



Was taken up with the following recommendation, heretofore re- 
ported by the Committee on Corporations: 

Mr. Speaker: ^' f. *-^' 

The Committee on Corporations, to whom was referred House bill 
No. 108, have had the same under consideration, and instruct me to 
report the same back to the House and recommend its passage. 

Which was read a second time, and, 
On motion by Mr. Hamrick, 

Was laid on the table. 

No. 121. A bill to cure defective acknowledgements of deeds in 
certain cases. 

Was taken up with the following recommendation, heretofore re- 
ported by the Committee on the Judiciary : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
121, entitled " a bill to cure defective acknowledgments of deeds in 
certain cases," respectfully report back said bill, and recommend its 
passage. 

Which was read a second time, ordered to be engrossed, and passed 
to a third reading. 

No. 117. A bill to amend sections 89, 42, 45, and 54, of an act 
entitled '' an act for the incorporation of Insurance Companies, de- 
fining their powers and prescribing their duties," approved June 17th, 
1852. 

Was taken up with the following recommendation, heretofore re- 
ported by the Committee on the Judiciary: 

Mr. Speaker : ' , 

The Judiciary Committee, to whom was referred House bill No. 
117, entitled "a bill to amend sections 39, 42, 45, and 54, of an act 
entitled ' an act for the incorporation of Insurance Companies, de- 
fining their powers and prescribing their duties,' approved June 17th, 
1852," respectfully report back said bill to the House and recommend 
its passage. 

Which was read a second time, ordered to be engrossed, and passed 
to a third reading. 



45 

No. 128. A bill to (laclaro forfeitel the right of way of C3i-fcairi 
railroad coinpanies to branch road, no part of which has been com- 
pleted and upon which no work has been done for ten year-?, and 
declaring that the right of way aforesaid shall revert to the land 
owners along the route thereof, was taken up with the following 
recommendation heretofore reported by the Committee on the Judi- 
ciary : 

Mr. Speaker: 

The Committee on the Judiciary, to whom Avas referred House 
Bill No. 123, entitled a bill to declare forfeited the right of way of 
certain railroad companies to branch roads, no part of which has 
been completed, and upon which no work has been done for ten 
years, and declaring that the rights of way aforesaid shall revert to 
the land owners along the route thereof. Have had the same under 
consideration and have directed me to report the same back and 
recommend its passage. 

Which was read a second time and ordered to be engrossed and 
passed to a third reading. 

No. 135. A bill to amend the six hundred and fifty-first section 
of an act entitled an act to revise, simplify and abridge the rules, 
practice, pleadings and forms in civil cases in the Courts of this 
State to abolish distinct forms of action at law and to provide for the 
administration of justice in a uniform mode of pleading and practice 
without distinction between law and equity, passed June 18th, 1852. 

Was taken up and read a second time, ordered to be engrossed 
and passed to a third reading. 

No. 138. A bill to amend an act entitled an act to provide a 
treasury system for the Slate of Indiana, for the manner of receiv- 
ing, holding and disbursing the public moneys of the State, and for 
the safe keeping of public moneys, passed March 1st, 1859, 
approved March 5, 1861. 

Was taken up with the following recommendation from the Com- 
mittee on Fees and Salaries : 

Mr. Speaker : 

j The Committee on Fees and Salaries to whom was referred House 
\ bill No. 138, entitled " an act to amend an act, to provide a Treasury 



46 

System for the State of Indiana, for the manner of reciving, holding 
and disbursing the public moneys of the State, and for the safe 
keeping of the public moneys, approved March 5th, 1861," have 
instructed me, after due consideration, to report the same back to 
the House, and recommend its passage. 

Which was read a second time, ordered to be engrossed and passed 
to a third reading. 

No. 141. A bill to give Circuit and Common Pleas Judges addi- 
tional powers in civil and criminal cases during vacation. 

Was taken up with the following amendments heretofore reported 
by the Committee on the Judiciary : • 

Mr. SrEAKEH: 

The Judiciary Committee to wliom was referied House bill No, 
141, entitled " a bill to give Circuit and Common Pleas Judges addi- 
tional powers in civil and criminal cases in vacation,"' respectfully 
report back said bill to the House and recommend the following 
amendments : 

To insert after the word " party," in the 14th line of section ]st, 
tlie following words, to-wit : 

" Reasonable notice having bf-en first given to the opposite party 
of the time and place at which said motion will be made, except that 
no notice for an application for an injunction or restraining order 
need be given, wdiere the same is not now required by law. 

And thiit the 2nd section be stricken out and the following 
inserted instead thereof: 

Sec. 2. The Judge before whom any such motion is made, shall 
make such order in regard to the costs of such motion as shall be 
right, and in every such case, as aforesaid, all his orders shall be in 
writing signed by him, and shall be filed and constitute a part of the 
Record of the action. ; 

And upon the adoption of said amendments the committee recom- 
mend its passage. "" ;\ 

The amendments were agreed to, and bill No. 141 read a second 
time, ordered to be engrossed and passed to a third reading. ■■! 



47 

No. 148, a bill to amentl the !22d section of aa act entitled ^' an 
act definiug misdenjcanors and prcscriljing punislimcut therefor,'" 
approved June 14, 1852. 

Was taken up with the following recommendation, heretofore re- 
ported by the Committee on County and Township Business. 

Mr.. Speakeb : 

The Committee on County and Township Business, to vrhora was- 
referred House bill No. 148, entitled " a bill to amend the 22d sec- 
tion of an act defining misdemeanors, and prescribing punishment 
therefor," have had the same under consideration, and have in- 
structed mc to report the same back, with the recommendation for 
its passage without amendments. 

Which was read a second time, ordered to be engrossed and passed 
to a third reading. ,, , , ,,,^ ., . 

No. 150, a bill prescribing the number of Senators and Represent- 
atives of the General Assembly of the State of Indiana. 

Was taken up with the following amendments, heretofore reportet^ 
from the Committee on the Judiciary. 

Mr. Speaker : , , . , 

The Judiciary Committee, to whom was referred House bill No, 
150, entitled "an act prescribing the numbers of Senators and Rep- 
resentatives of the General Assembly of the State of Indiana,'' 
respectfully report back said bill to the House, and recommend that 
said bill be amended by striking out the word " tAventy -five," in the 
9th line thereof, and insert the word "thirty-three," and amend far- 
ther by striking out the word "fifty," in the 10th line, and insert the 
word "sixty-seven," therefor, and upon the adoption cf said ameml- 
ments, the committee recommend the passage of the bill. 

The amendments were read. 

The first amendment was concurred in. 

Mr. Prather moved to amend the second amendment by striking 
out " sixty-seven," and inserting in lieu thereof the words " ninetv- 
four." 



48 j 

Mr. Henricks moved a division of the qaestion, by striking out 
sixty-seven. 

Which was not agreed to . 

The question then being on agreeing to the second amendment as 
reported by the committee, 

Messrs. Prather and Gwffith^demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Burnes, 
Burwell, Caldwell, Chambers, Church, Coffroth, Collins, Cowgill, Cox, 
Groan, Crook, Ferris, Gleason, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, 
Henricks, Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, 
Hunt, James, Kilgore, Lane, Lee, Lockhart, Lopp, Major, Meredith, 
Miller, Milroy, Montgomery, Newcomb, O'Brien, Olleman, Osborn, 
Patterson, Pinney, Reece, Rkoads, Richards, Richardson, Roach, 
Sabin, Shoaff of Allen, Shoaflf of Jay, Shuey, Sim, Stringer, Stuckey, 
Sullivan of Scott, Trusler, Veach, Weikel, Welch, Woodruff, Wright, 
Woods, Zeigler and Mr. Speaker — 81. i 

Those who voted in the negative were, 5 

Messrs. Burton, Foulke, Gregg, Lasselle, Prather, Riford, Thatcher, 

and White— 8. 



-1 



So the amendment was agreed to. 

Mr. Harrison moved that the bill be indefinitely postponed. i 

i 
Pending which, j 

On motion by Mr. Milroy, 1 

The House adjourned. ' j 



49 



' WEDNESDAY, 9 o'clock, a. m., "I 
November 15, 1865. j 

The House met, pursuant to adjournment. 

The Journal of yesterday was read and approved. 

The[Speaker announced the following committees : 

Committee on resolution of Nov. 13, in regard to a Revision of the 
Rules, Messrs. Higgins, Brown, Prather, Lasselle and Kilgore.J 

Committee on resolution of the House No. 13, in regard to 
employees, Messrs. Newcomb, CoiFroth, Lockhart, Henricks and 
Hargrove. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

The Speaker laid before the House a memorial from the Commis- 
sioners of Miami County, in regard to Soldiers' and Seamen's Relief 
Act. 

Mr. Boyd moved to refer said memorial to the Committee on the , 
Judiciary. 

Mr. Atkinson moved to refer to the Committee on Ways and' 
Means. 

Mr. Groves moved to refer to the Committee on County and Town- 
ship Business. 

The vote recurring on the motion made by Mr. Atkinson. 

It was so referred. 

By Mr. Gregory, of Warren, 

On the same subject, from the Commissioners of Warren county^ 
Referred to the same committee without reading. 

By Mr. Stuckey : 

On the same subject, from the Commissioners of Owen county^ 
Referred to the same committee without reading. 
H, J.— 4 



50 \ 

J 
By Mr. Crook : ' >■ 

On the same subject, from the Commissioners of Lawrence county. 
Which was referred to the same committee without reading. 

By Mr. Rice : ^ [ 

\ 
On the same subject, from the Commissioners of Parke count3% j 

Winch was referred to the same committee without reading. j 

By Mr. James : * ' 

On the same subject, from the Commissioners of Grant county. 
Which was referred to the same committee without reading. 

By Mr. Osborn : 

On the same subject, from the Commissioners of Franklin county. 
Which was referred to the same committee without reading. 

By Mr. Cox: ' | 

On the same subject, from the Commissioner of Wayne county. 
W^hich was referred to the same committee without leading. 

By Mr. Atkinson: ,, ;, | 

On the same subject, from the Commissioners of Benton county, 
W^hich was referred to the same committee without reading. 

By Mr. Montgomery : 

On the same subject, from the Commissioners of Howard county. 
Which was referred to the same committee without reading. 

By Mr. Branham : 

On the same subject, from the Commissioners of Jefferson county.. 
Which was referred to the same committee without reading. 

By Mr. Sabin: ; ' . 

On the same subject, from the Commissioners of Steuben county 
Which was referred to the same committee without reading. { 

The Speaker laid before the House a petition from sundry citizeni 



51 

of Franklin county, praying for a change in th<; law licensing the 
sale of spirituous liquors. 

Which was referred to the Committee on Temperance. 

By Mr. Rhoads : 

A petition from sundry citizens of Vermillion county to change the 
law licensing the sale of spirituous liquors. 

Yf hich was referred to the Committee on Temperance. 

Ey Ish. Branham : 

From sundry citizens of Jefferson county, on the subject of Tem- 
perance. 

Which was referred to the same committee. 

By Mr. Osborne : , 

From John W. Keely and sundry other citizens of Franklin county, 
on the same subject. 

Which was referred to the same committee. 

By Mr. Welch: . . • 

Fi-om sundry citizens of Switzerland county, on the same subject. 
Which was referred to the same committee. 

By Mr. Burton : 

From sundry citizens of Sullivan county, on the same subject. 
Which was referred to the same committee. 

Mr. Newcomb offered the following resolution : 

Resolved, That 15,000 copies of the Governor's Message be 
printed — 3,000 of which shall be printed in the German langua'ge, 
and tliat 0,000 copies shall be delivered to the Governor for his use, 
and the residue to the members of this House. 

Mr. Griffith offered the following amendment : 

Resolved, That four thousand copies in the English language, an^ 
one thousand copies in the German language of the Governor's Mcs" 
sage, be printed immediately for the use of the House. 



52 

Mr. Hamrick moved to amend by striking out " four thousand," 
and inserting "five thousand" in lieu thereof. 

The greatest number taking precedence. 

The question being on the rsolution offered by Mr. Newcomb, 
Messrs. Higgins and Goodman demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Boyd, Brown, Burns, Chambers, Churchy 
Coffroth, Cowgill, Crook, Ferris, Foulke, Gleason, Goodman, Gregory 
of Montgomery, Gregory of Warren, Griffith, Groves, Harrison, Hen- 
nicks, Hoover, Kilgore, Lasselle, Lemon, Litson, Lopp, Major, Mere- 
dith, Montgomery, McYey, Newxomb, Olleman, Perigo, Pinney, 
Reese, Rhoads, Riee, Riford, Shoaff of Allen, Shoaff of Jay, Shrtey, 
Sim, Stewart, Stivers, Stringer, Sullivan of P. and V., Upson, Veach, 
Weikely Welch, Woodruff, Wright, Woods, Zeigler and Mr. Speaker 
—57. 

Those who voted in the negative were, 

Messrs. Bird, Bonner, Burto-n, Burwell, Caldwell, Collins, Cox, 
Croan, Davidson, Glazebrook, Gregg, Hamrick, Hargrove, Hershey, 
Higgins, Hogate, Howard, Humphreys, Hunt, James, Lane, Lee, 
Miller, Milroy, O^Brien, Osborn, Patterson, Richards, Richardson^ 
Roach, Sabin, Stuckey, Sullivan of Scott, and White — 34. 

So the resolution was agreed to. 

Mr. Shuey offered the following resolution : 

Resolved, That so much of the Governor'^s message as refers to a 
House of Correction for juvenile offenders be referred to a special 
committee and that said committee be instructed to report a bill to 
establish a Reform School for juvenile offenders at an early day. 

Which was agreed to. 

Mr. Harrison offered the following resolution : 

Resolved, That the Doorkeeper be authorized to contract with the 
proprietors of the Daily Herald, Daily Journal and Daily Telegraph 
for three copies of each of said papers, for the use of the members 
of this House, and that two copies of the Herald and Journal, and 



53 

the said three copies of the Telegraph be folded and stamped, and 
placed on the desks of the members. 
Which was agreed to. 

Mr. Lockhart offered the following resolution: 

Resolved^ That one Clerk shall be appointed by the Speaker, 
whose b^asiness it shall be to take charge of the folding rooms 
receive the mail in bulk from the Post Office, and all Public Docu- 
ments, and place the same in the boxes heretofore appropriated to 
the use of eaeh member, and to arrange said room so as to prevent 
the occupation of it by any aad all persons excepting those neces- 
sary to assist in the distribution of the mail matter to the members 
entitled to the same, 

On motion by Mr. Lockhart, 

Said resolution was referred to a Select Comnaittee of five. 

■/ 

BILLS INiaODUCED. 

House Bill No, 206. An act to amend section 7th of an act 
entitled an " act to provide for the erection and repair of bridges 
and to repeal an act entitled an act to provide for the erection and 
repair of bridges," approved May 12, 1852. 

Which was read a first time an-d referred to the Committee on 
Oounty and Township Business- 

By Mr. Coffroth : 

House Bill No. 207. A bill regulating Foreign Insura-nee Com- 
panies doing business in this State, prescribing the duties of the 
Agents thereof, and of the Auditor of State, in connection there- 
with. 

Which v»'as read a first time and referred to the Committee on 
Corporations. 

By Mr. Gregory, of Warrea : 

House Bill No. 208. A bill to amend the first and tenth sections 
of an act to provide for a general system of Common Schools, the 
officers thereof, and their respective powers and duties, and matters 
properly connected therewith, and prescribing the fees for certain 
.afficials therein named, and for the establishment and regulation of 



54 > ■ 

ToAvnsliip Libraries, and to repeal all laws inconsistent therewith, 
providing penalties therein prescribed, approved March (o, 1865. 

Which was read a first time and referred to the Committee oa 
Education. 

HOUSE BILLS ON SECOND READINd. 

Pending the adjournment on yesterday, 

IIousegBill No. 150. A bill prescribing the number of Senators 
and Representatives of the General Assembly of the State of 
Indiana. 

The question being on the motion made by Mr. Harrison to indefi- 
nitely postpone said bill. 

Mr. Brown moved to refer the bill and pending amendment to the 
Committee on the Judiciary. 

Mr. Coffroth moved to amend hj referring the same to the Com- 
mittee on the Rights and Privileges of the inhabitants of the State. 

Which was accepted by Mr. Brown and Houise bill No. 150 -was so 
referred. 

Mr. Newcomb moved that House bill No. 77 be taken from the 
table, and placed on the files of the House. 

Which was agreed tO'. ♦ ' 

House bill No. 151. A bill to encourage the republication of 
Blackford's Reports, and appropriating money to pay the same, was 
then taken up, and with the following recommendation heretafo-re 
made by the Committee on the Judiciary. 

Mr. Speaker: 

The Judiciary Committee, to whara vras referred House bill No. 
151, entitled " an act to encourage the republication of Blackford's 
Reports, and appropriating money to pay for the same," respectfully 
report back said bill to the House, and recommend its passage. 

Was read a second time, and, under Rule 51, co-mmitted to Com- 
mittee of the whole House. 

House bill No. 154. A bill to amend the seventh section of an 
act entitled " an act providing for the election of Clerks of the Cir- 



55 

cuit Court, and prescribing some of their Jaties, approved June 7, 
1852," was cben taken up and read a second time, and on motion of 
Mr. Miller, was referred to the Committee on the Organization of 
Courts of Justice. 

On motion by Mr. Harrison, 

House bill No 33 was taken from the table, and placed on the files 
of the House. 

House bill No. 163. A bill creating the 14th Judicial Circuit, and 
fixing the time of holding Court therein, was then taken up and read 
a second time, and, on motion of Mr. Griffith, it was referred to a 
committee of five, to be composed of members in the Districts such 
bill afi'octs. 

House bill No. 171. A bill making an appropriation to pay the 
indebtedness of the State Prison North, which had accrued prior to 
the eleventh day of March, A. D., 1863, was taken up and read a 
second time. 

Mr. Newcomb moved to lay the bill on the table. 
Which was agreed to. 

House bill No. 173. A bill to amend an act entitled " an act to 
encourage the destruction of wolves, approved June 9, 1852," was 
read a second time, ordered to be engrossed, and passed to a third 
reading. 

House bill No 174. A bill for the protection of fish in the rivers 
streams, lakes and ponds, within the State of Indiana, except the 
Ohio river and Lake Michigan. 

Was taken up with the following amendments heretofore reported 
from the Committee on the Rights and Privileges of the Inhabitants 
of the State. 

Mr. Speaker : 

The Committee on Rii^hts and' Privilefjes, to whom was referred 
House bill No. 174, have had the same under consideration, and 
would recommend the following amendment : 

Strike out all after the enacting clause, and insert the following : 



56 

Sec. 1 That it shall be unlawful for any persons to catch or take 
fish in any lake, river, creek or stream in the State of Indiana, except 
Lake Michigan or the river Ohio, with any kind of seine, net or trap, 
or in any other manner, except with hook and line, or gig. 

Sec. 2. Every person who shall catch or take any fish in any lake, 
river, creek or stream in this State except Lake Michigan and the 
river Ohio, with any seine, net or trap, or in any other manner except 
with hook and line, or gig, shall be deemed guilty of a misdemeanor, 
and fined not less than ten, nor more than one hundred dollars, in 
any Court of competent jurisdiction. 

Provided, That the catching of minnows with seine, net or trap, 
shall not be deemed unlawful. 

Sec. 3. An emergency exists for this bill to take effect imme- 
diately ; the same shall therefore take effect and be in force from and 
after its passage. And when so amended, would recommend its pas- 
sage. 

AYhich was read a second time, and, 

On motion by Mr. Kilgore, 

Was recommitted back to the same committee. 

House bill No. 177. A bill to amend section 143 of an act entitled 
" an act, amendatory of an act to provide for the publication of 
delinquent taxes," approved May 31, 1861, 

Was taken up with the following recommendation, heretofore made 
by the Committee on Printing. 

Mr. Speaker: 

The Committee to whom was referred House bill No. 177, which is 
an act entitled " an act amendatory of an act to provide for the pub- 
lication of delinquent taxes," approved May 31, 1861, respectfully 
report the same back to the House, and recommend its passage. 

Was read a second time, and, 

On motion by Mr. Montgomery, ' 

Was recommitted to the Committee on Printing. 
House bill No. 179. A bill to amend section " first," of " an act to 



57 

incorporate the Trustees of the Indiana Female College," approved 
February 13, 1851, 

Was taken up, and on motion by Mr. Newcomb, indefinitely post- 
poned. 

House bill No. 181. A bill to amend section seven of an act enti- 
tled " an act providing for the election of Clerks of the Circuit Court, 
and prescribing some of their duties," approved June 7, 1852, 

Was taken up with the following recommendation, heretofore 
reported from a select committee : 

Mr. Speaker : 

The select committee to whom was referred House bill No. 181, 
have had the same under consideration, and instruct me to make the 
folloNving report thereon ; they recommend that said bill be amended 
by inserting after the wotd Treasurer, in the 24th line of the amend- 
atory section, the following words : 

Such Clerk shall be entitled to a fee of fifteen cents for every one 
hundred words contained in the lists and copies above required. 
Also strike out all after the word " dollars" in the fourth line from 
bottom of said section, and when so amended, they recommend the 
passage of said bill. 

Which was read a second time. 

Mr. Olleman moved to refer said bill, and pending amendments, to 
the Committee on the Organization of Courts of Justice, 

Which was agreed to. 

House bill No. 184. A bill to amend " an act regulating fees of 
officers, and repealing former acts in relation thereto," was taken up 
with the following recommendations heretofore made by the Com- 
mittee on Fees and Salaries. 

Mr. Speaker: 

The Committee on Fees and Salaries, to whom was referred House 
bill No. 184, "an act to amend an act regulatinp; the fees of officers 
and repealing former acts in relation thereto," have had the same 
under consideration and report it back, recommending its passage. 



58 

Was read a second time, ordered to be engrossed, and passed to a 
third reading. 

House bill No. 185. A bill to provide for the election of directors 
of corporations, and to prevent the dissolution and forfeiture of their 
franchises in certain cases, 

Was then taken up with the fullo^ving recommendations from the 
Committee on the Judiciary. 

Mr. Speaker : ' ' 

The Judiciary Committee to whom was referred House bill No. 
185, entitled " an act to provide for the election of directors of cor- 
porations, and to prevent the dissolution and forfeiture of their fran-. 
chises in certain cases/' respectfully report back said bill to the 
House, and recommend its passage. 

Was read the second time, ordered to be engrossed and passed to^ 
a third reading. 

House bill No. 189. A bill to amend section 52 of an act entitlec 
" an act to amend an act to authorize and regulate the business o^ 
general banking," passed the House and Senate of the Genera 
Assembly, the Governor's objection thereto notwithstanding, on the 
3d day of March, 1855, 

Was taken up with the following amendments, heretofore reported 
from the Committee on Banks : 

Mr. Speaker: 

I 
The Committee on Banks, to whom was referred House bill N( 

189, entitled " an act co amend the 52d section of the general bank 

ing law, have had the same under consideration, and have directe 

me to report the same back to the House, and recommend its paj 

sage. , 

Which was read a second time, ordered to be engrossed and passf 
to a third reading. 

House bill No. 190. A bill to amend section ei»ht of an act resr ■ 



59 

lilting the fees of officers, and repealing former acts in relation there- 
to, approved March 2d, 1855, 

Y\"as read a second tiuie, and, 
On motion by Mr. Prather, 

Referred to the Committe'C on Fees and Salaries. 

Mr. Griffith moved that House bill No. 163 be referred to a select 
committee of seven, instead of five. 
"Which was agreed to. 

House bill No. 193. A bill for the benefit of soldiers and marines^ 
in reference to taxes assessed to raise bounties, 
Was then taken up, and. 

On motion by Mr. Newcomb, 
Was postponed until December 31st, 18lJ5- 

Mr. Griffith offered the following resolution : 

I Resolved, That the resolution passed by this House- respecting 
newspapers, shall apply to the elective officers of this House as well 
as to members thereof. , , 

Which was agreed to. 

The Speaker announced the foilowing committee on House bill No. 
163: Messrs. Griffith, Coffroth, Cowgill, James, Burwell, Shuey and 
Bird. 

House bill No. 194. A bill to amend the 33d section of "an act 
to repeal all general laws now in force for the incorporation of cities, 
prescribe their powers and rights, and the manner in which they shall 
exercise the same, and to regulate such other matters as properly 
pertain thereto," approved March 9th, 1857, 

Was then taken up and read a second time, and,. 
On motion by Mr. Coffroth, 

It was referred to the Committee on Corporations. 

) House bill No. 19G. A bill to extend the time allowed by law for 
the completion of gravel roads for the term of one year, in cases 
therein specifiefl, 

Was then taken up and read a second time. 

Mr. Newcomb moved to strike out " Sentinel " and insert " Herald.'" 
Which was asireed to. 



60 

Tbe bill was then ordered to be eugrossed, and passed to a thir 
reading. 

On motioa bj Mr. Coffroth, , 

Th>e House adjourned. 



2 o'clock p. :m. 

The House met. , 

On motion by Mr. Henricks, 
The House resolved itself into a Committee of the Whole, for th 
consideration of the Governor's Message, Mr. Henricks in the Chaii 

After remaining in session for some time, the Committee rose am 
made the following report through its Chairman : 

Mr. Speaker: 

The Committee of the Whole House, to whom was referred th 
Governor's Message, have had the same under consideration, and hav 
directed me to report the same back with the following recommends 
dons : 

That part referring to our finances, be referred to the Committee o 
Ways and Means. 

That portion in reference to re-districting the State, W referred t 
a Special Committee, composed of one from each Congressional Dit 
trict. 

That part which refers to the testimony of colored citizens, be re 
ferred to the Committee on the Organization of Courts of Justice. 

That part which refers to the relief of soldiers be referred to th 
Committee of Ways and Means. 

That portion in reference to soldiers and seamen's homes, be re 
ferred to a Select Committee of five. 

That part in reference to official bonds, be referred to the Commit 
tee on the Judiciary. 



81 

That part in reference to Grand Jury, be referred to the Coraraittee 
)n the Organization of Courts of Justice. 

That part in reference to Emigration, be referred to the Comm.ttee 
)n the Rights and Privileges of the Inhabitants of the State. 

That part in reference to the World's Fair, be referred to the Com- 
nittee on Agriculture. 

That part in reference to Education, be referred to the Committee 
)n Education. 

That part in reference to the State Troops/oe referred to the Cora- 
nittee on Military Affairs. 

That part in reference to Reorganization, l>e referred to the Com- 
nittee on Federal Relations. 

Mr. Newcomb being in the Chair, Mr. Hejiricks moved that the 
eport of the Committee be concurred in. 
Which was agreed to. * 

Mr. Shuey offered the following resolution : 

Resolved, That a committee of three be appointed to determine the 
mount of stationery and postage stamps each member and officer 
hall be entitled to receive, and the manner in which the same shall 
e distributed, and that said committee be instructed to report by to- 
morrow morning. 

Mr. Church moved to refer the resolution to the Special Committee 
eretofore appointed on same subject. 
' Which was agreed to. 

Mr. Church offered the following resolution : 

, Resolved, That the Clerk be directed to furnish from hrs desk, to 

(he Reporters of the Journal, Herald, and Telegraph, so much sta- 

onery as may be necessary for their use in reporting the proceed- 

igs of this House, keeping an account thereof, and reporting same 

iId the House at the close of the session. 

On motion by Mr. Olleman, 
The resolution was referred to the Special Committee heretofore 
ppointed on same subject. 

Mr. Chambers offered the following resolution i 

Resolved, That the use of this Hall be granted to Hon. Geo. W. 



62 

Julian on Fridny evening, November 17tli, to speak upon the politi- 
cal topics of tlie day. 

Mr. Kilgore moved to add to said resolution the following : 

. And that Mr. Julian be, and is hereby respectfully requested, to 
express his views ^ith regard to the reconstruction policy of Presi- 
dent Johnson with such precision and certainty that his expressions 
may not be susceptible of more than one construction as to meaning, 
and certain as to approval or disapproval. 

Mr. Coffroth moved to refer the resolution and pending amendfnent 
to the Committee on the Rights and Privileges of the Inhabitants of 
the State. 

Mr. Abbott moved to lay the whole subject on the table. 
Which was not agreed to. 

j\Ir, Church moved to lay the amendment on the table. 
Which was not agreed to. 

The question being on referring the resolution to the Committee oi 
Rights and Privileges, 
It was not so referred. 

The question then recurring on the amendment offered by Mi 
Kilgore, 

It was agreed to. 

The question then being on the resolution as amended, 
It was agreed to. 

Mr. Grove offered the following resolution : 

Resolved, By the House of Representatives, the Senate conciirrini 
That, in the opinion of this General Assembly, Jefferson Davis, tt 
leader of the late rebellion in the Southern States, ought to be trie 
for high treason, and, if convicted, punished according to the requi; 
ments of law. 

Which, on motion by Mr. Coffroth, 

Was referred to the Committee on Federal Relations. 

Mr. Wood obtained permission to present a claim for A. N. Hai 
per Bartlett Woods, of Lake. 



G3 

Claims that fifty dollars, the amount paid by said ehiimnnt for forty 
acres of svramp land, which land had been previously sold to Mathias 
Joseph Hack, be refunded. 

"Which was referred to the Committee on Claims without readinsr. 

BILLS ON SECOND READING. 

House Bill No. 198. A bill fixing the salaries of Judges of the 
Supreme Court of the State of Indiana, of the Judges of the several 
Circuit and Common Pleas Judges thereof, and the time and manner 
of payment thereof ; and also, to regulate the fees of prosecuting 
attorneys in certain cases. 

Which was read a second time, and, 

On motion by Mr. Henricks, 
Was laid on the table. 

House Bill No. 201. A bill to provide for the adjustment of the 
outstanding debts of the State, and the investment of the School 
and Trust Funds of the State in the Stocks and Bonds of the State 
and to provide for the payment of the certificates of indebtedness of 
the State under the arrangements made with the bondholders by the 
acts of the legislature, approved January 19, 1846, and supplemental 
acts thereto, approved January 27, 1847; and to create a Board of 
Finance, and prescribing the duties of said Board and matters prop- 
erly connected therewith. 

Was then taken up, and, without reading, 

On motion by Mr. Miller, 

It was referred to the (_ ommittee on Ways and Cleans. 

House Bill No. 37. A bill to amend section 15, and to repeal 
sections 29 and 30 of an ac regulating general elections, and pre- 
scribing the duties of ofiicers in relation thereto, approved June 7, 
1852, and prescribing further duties of the officers of elections. 

Was read a second time, and, 

On motion. 
Referred to the Committee on Elections. 

House Bill No. 77. A bill to provide for the settlement of the 
estates of persons who have been absent from their places cf resi- 
dence, and not heard from for seven years or more. 



64 

Was taken up witli the following recommendation, heretofore 
reported, by the Committee : 

Mr. Speaker: 

The committee to whom was referred House Bill No. 77, providing 
for the settlement of the estates of persons who have been absent 
from their places of residence and not heard from for seven years, 
direct me to report said bill back to the House, and to ask the House 
to lay the same on the table, inasmuch as no legislation is needed on 
the subject. By reference to p. 485, vol. ii., Gavin & Hord, it will 
be seen that the wrorgs intended to be remedied by the bill are 
amply provided for by the act of March 5, 1859. 

Was read a second time. 

Mr. Olleman moved to refer said bill to the Committee on the 
Judiciary. 

Mr. Henricks moved to lay the bill on the table. 
Which was not agreed to. 

The question being on referring to the Judiciary Committee, 

It was so referred. 

House bill No, 168. A bill to amend sections 11 and 12 of chap- 
ter seven of the Revised Statutes of 1852, first part, volume second ; 
being an act prescribing the powers and duties of Coroner, approved 
May 27, 1852. 

Was then taken up, and read a second time, ordered to be 
engrossed, and passed to a third rrading. 

House bill No. 33. A bill to amend the eighth section of an act 
entitled " an act to regulate and license the sale of spirituous, vinous, 
malt, and other intoxicating liquors, to prohibit the adulteration of 
liquors, to repeal all former laws contravening the provisions of this 
act, and prescribing penalties for violations thereof, approved March 
5, 1859. 

Was taken up with the following recommendation, heretofore re- 
ported from the Committee on Temperance. 

Mr. Speaker: 

Your committee, to whom was referred Mr. Harrison's House bill 



65 

No. 33, to amend section 8 of an act entitled " an act to regulate 
and license the sale of spirituous, vinous, malt, and other intoxicating 
liquors," &c., would respectfully report that they have had the same 
under consideration. The committee are of the opinion that the law 
should be amended as proposed by said bill, but that the committee 
propose to introduce a bill amending other sections of said act, in 
which said amendment will be fully provided for. Your committee, 
therefore, recommend that said bill, for the present, lay on the 
table. 

Which, on motion, was referred back to the Committee on Tem- 
perance. 

Mr. Shuey moved to take from the table House bill No. 182. 
Which was agreed to. 

House bill No. 182. A bill regulating sales of real estate made 
by County Treasurers for non-payment of taxes, and to establish the 
validity of tax titles, 

Was read a second time, and, 

On motion of Mr. Coffroth, ' "' ' 

It was referred to the Committee on the Judiciary. ., r^ 

," • i , 
Senate bill No. 103. A bill repealing all general laws now in 

force for the incorporation of cities ; providing for the incorporation 

of cities, prescribing their powers^ rights and duties, and the manner 

in which they shall exercise the same^ and regulating other matters 

properly connected therewith, and repealing certain acts therein 

specified, was taken up. 

Mr. Bird moved that it be deemed expedient to suspend the Con- 
stitutional Rule, requiring bills to be read by sections on three sev* 
■eral days, and that said bill be read by its title. ■ . 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Boyd, Burnes, Burton, Burwell, Church, 
"Coffroth, Collins, Cowgill, Cox, Croan, Crook, Davidson, Ferris, 
Foulk, Gleason, Goodman, Gregg, Gregory of Montgomery, Gregory 
of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, 
Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, Hunt. 

H. J.— 6 



m 

James^ Kilgore, Lane Lasselle, Lee, Lemon, Lockhart, Lopp, Major,. 
Miller, Milroy, McVey, Newcomb, Olleman, Osborn, Patterson, Per- 
igo, Pinney, Pratber, Reese, Rhoads, Ricbardson, Riford, Roacb, 
Sabin, Shoaff of Allen, Shoaff of Jay, Sbuey, Sim, Stewart, Stenger, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of P. & V., 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Woodruff^ 
Wright and Zeigler — 80. 

'''" Those who voted in the negative were^ ■' "''' 

Messrs- Abbett, Burwell and Caldwell — 3. ' ' 

So it was deemed expedient to suspend said Constitutional rules, 
aad Senate bill No, 103 was read a first time by its title. 

On motion by Mr. Bird, 
Said bill v^as referred to the Committee on Corporations. 

Message from the Senate, by Mr. Wilson, their Secretary. 

Mr, Speaker: 

I am directed by the President of the Senate to inform the House 
of Representatives that the Senate has passed the following : 

House bill 59, entitled, "A bill to authorize Railroad Companies 
to occupy and use for railroad purposes the property of canal com- 
panies, with their consent, and to secure them in such occupation 
and use, and for the protection of the hydraulic powers of each canal, 
and to authoriz e the lesses of the water privileges, or companies for 
the maintenance thereof, in case of failure of said canal companies to 
maintain the same, \ 

Mr. Henricks obtained leave, and presented the following commu- 
nication : 



Indianapolss, Indiana, ) 
November 13th, 186&. / 



HOLLOWAY, DOUOLASS & Cc, 



Do hereby agFce with J. II. Dooley, Doorkeeper of the House of 
Representatives of the State of Indiana, now in session, to furnish 
e^ch member of said House three copies of the "Daily JeurnaF" i 



67 

daring the session, two of said copies to be enveloped and stamped 
witli two-cent postage stamps, the third copy loose, for the sum of 
eight and one-third cents per copy, for each paper so furnished. 
The above is the same terms of papers for last session. 

Mr. Lasselle moved that the Doorkeeper be instructed to make the 
contract of furnishing papers on terms as proposed by the Journal 
Company. 

Mr. GriflSth moved that the Doorkeeper be instructed to contract 
at seven cents per copy. 

Mr. Coffroth moved the previous question, which was seconded bv 
the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on the motion made by Mr. Lasselle, 
Messrs. Stringer and Olleman demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Bird, Burton, Church, Coffroth, Collins, Cowgill, Ferris, 
Glazebrook, Gregg, Harrison, Henricks, Humphreys, Kilgore, Las- 
selle, Lemon, Milroy, Newcomb, Pinney, Reese, Rhoads, Rice, Shoaff 
of Allen, Shoaff of Jay, Shuey, Sim, Stenger, Stuckey, Sullivan of 

P. and V— 27. ^ ,,. ,., .,.; . ,. ,^ 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Burns, Burwcll, Cald- 
well, Cox, Croan, Crook, Davidson, Foulke, Gleason, Goodman. 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves. 
Hamrick, Hargrove, Hershey, Higgins, Hogate, Hoover, Howard, 
Humphreys, Hunt, James, Lane, Lee, Lockhart, Lopp, Major, Mer- 
edith, McVey, O'Brien, Olleman, Patterson, Perigo, Prather, Richards, 
Richardson, Riford, Roach, Sabin, Stewart, Stivers, Stringer, Sulli- 
van of Scott, Upson, Veach, Weikel, Welch, White Woodruff, Wright, 
Woods and Zeigler — 59. 

So the motion did not prevail. 
Pending which, 

On motion by Mr. Veach, ' 

The House adjourned. 



68 



THURSDAY MORNING, 9 o'clock, 1 
November 16, 1865. / 



The House met pursuant to adjournment. 

The Speaker ordered a call of the House "when the following named 
members answered to their names. 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Burton, Burwell, 
Buskirk, Caldwell, Chambers, Coffroth, Cox, Croan, Crook, Davidson, 
Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregory of Warren, 
Griffith, Groves, Hamrick, Hargrove, Henricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Hunt, James, Kilgore, Lane, 
Lee, Litson, Lockhart, Major, Meredith, Montgomery, McVey, 
Newcomb, O'Brien, OUeman, Osborn, Patterson, Perigo, Pinney 
Prather, Reese, Rhoads, Richards, Riford, Sabin, Shoaff of Jay, Sim, 
Shuey, Stewart, Stenger, Stivers, Stringer, Stuckey, Sullivan of 
Scott, Sullivan of P. & V., Trusler, Veach, Wickel, Welch, White, 
Woodruff, Wright, AVoods, Zeigler, and Mr. Speaker — 76. 

The Clerk proceeded to read the journal, when. 

On motion by Mr. Church, 

The further reading thereof was dispensed with. 

The journal, as reported, was then approved. 

The Speaksr laid before the House a petition of John H. Maddox 
and 137 other citizens of Franklin county, on the subject of Temper- 
ance. 

Which was referred to the Committee on Temperance. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Prather : 

A memorial from the Commissioners of Hamilton county, on the 
subject of an act for the relief of soldiers, seamen, marines, &c., 

Which, on motion, was referred to the Committee of Ways and 
Means. 



69 

By Mr. Stivers : 

On the same subject, from the Commissioners of Ilamiltou county, 

Which was referred to the Committee of Ways and Means. 

By Mr. Shuey : 

A claim from C. Kindler, for $69 10, 

Which, on motion, was referred to the Committee on Claims. 

By Mr. Veach : 

A claim from Speigle. Thorns & Co., for $13 75, 

Which, on motion, was referred to the Committee on Claims. 

By Mr. Meredith: 

A claim from Speigle, Thorns & Co., for $12, 

Which, on motion, was referred to the Committee on Claims. 

By Mr. Montgomery : 

A petition of W. E. Branson and others, from New London, How- 
ard county, on the subject of Temparence, 

Which, on motion, was referred to the Committee on Temperance. 

By Mr. Newcomb : i . - , 

A petition from the Synod of Northern Indiana Presbyterian 
Church, representing nearly six thousand persons, upon the subject 
of Temperance. 

Referred to Committee on Temperance. 

By Mr. Shuey : 

A memorial from the Commissioners of Elkhart county, on the 
subject of the act for the relief of soldiers, seamen, mariners, &c. 

Which, on motion, was referred to the Committee of Ways and 
Means. 

By Mr. Zeigler : 

A memorial on the same subject, from the Commissioners of Noble 
county. 

Which, on motion, was referred to the Committee of Ways and 
Means. 



70 

By Mr. Sim : • 

A claim of Jolin F. Kibby to services rendered the State in May 
and June, 1863, as attorney in the city of New York, in procuring 
the surrender and destruction of the fraudulent issue of State stocks 
-$450. 

Which was referred to the Committee on Claims. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol- 
owing report : 

Mr. Speaker : 

I am directed by the Joint Committee on Enrolled Bills to report 
that they have examined Enrolled bill No. 59, and find the same 
correctly enrolled. 

Mr. Newcomb, from the Committee on Stationery, made the fol- 
lowing report : 

Mr. Speaker : 

The Select Committee, to whom was referred the subject of sta- 
tionery for the members and oflScers of the House, have had the 
same under consideration, and direct me to report the following reso- 
lution, and recommend its adoption. 

Resolved, That the Speaker and each member of the House is 
hereby authorized to procure from the State Librarian upon bis own 
order, such stationery, including postage stamps, as he may desire 
for his own use during the session, not exceeding in value the sum 
of fifteen dollars ; and each chairman of a committee is authorized 
to draw from the State Librarian such stationery as may be necessary 
for the use of such committee, not exceeding the value of twenty 
dollars ; that each elected ofiicer shall be entitled, in like manner, to 
draw ten dollars' worth of stationery for the session for his own use ; 
that all such stationery remaining in the hands of the committees of 
the House at the close of the session, shall be returned to the Libra- 
rian, who shall give his receipt therefor. And the Librarian shall 
keep a strict account of all stationery by him furnished for such pur- 
poses, and to whom issued ; and three days before the close of the 
session, he shall report to the House the amount purchased and the 
quantity issued under the provisions of this resolution, and to whom 
issued and its value. 

"Which, on motion, was concurred in. 



71 

The Speaker annoanced that he had signed Enrolled House bill 
No. 59. 

Mr. Cakhvell offered the following resolution: 

Resolved, That the Doorkeeper be authorized to contract with the 
proprietors of the Daily Journal, the Daily Herald and Telegraph, 
newspapers of this city, for three copies each, for the use of members 
of the Hou&e of Representatives, at the regular supscription prices 
for those papers, and that the Doorkeeper be instructed to fold and 
stamp the same. 

Mr. Chambers offered the following amendment : 

Resolved, That the Doorkeeper be authorized to furnish ei^ht 
'dailies of this city, six to be wrapped and stamped. 

Which was not agreed to. ^ "''. , ,. 

Mr. Kilgore offered the following amendment : 

Provided, That the publishers of such papers shall agree to pub- 
lish the proceedings of each day on the succeeding day. 

Mr. Shoaff, of Jay, moved to lay the resolution and amendment on 
the table. 

Which was agreed to. ^ /., ,• ^y ,., ; 

Mr. Higgins moved that House bill No. 165 be taken up and 
recommitted to the Committee on the Judiciary. 

Mr. Henricks moved to amend, and include all bills reported back 
by different committees without final action, and that they be recom- 
mitted to said committees. ^ ,. ;„, ,(-sj:<,., , ,; 

Which was accepted by Mr. Higgins. , ,., , .,,,..j,,^_j; . ,; 

The resolution was agreed to. ' 

Mr. Lockhart, from Special Committee, made the follov/ing report : 
Mr. Speaker : 

The Committee on Employees, to whom was referred a resolution 
asking for the appointment of a clerk to take charge of the folding 
Yoom, for the purpose of receiving and distributing the mail, have 
had the same under consideration, and recommend the appointment 
by the Speaker of a suitable person for said position. 

Which, on motion, was concurred in. 



72 > 

BILLS INTRODUCEDo 

By Mr. Collins: ,,. , ,,,, 

House bill No. 209. A bill to provide for the constrnction of 
sewers within corporated towns, defining the powers and duties of 
the Boards of Town Trustees in relation thereto, and to repeal all 
other laws in conflict therewith. 

Which was read a first time and referred to the Committee on 
Corporations. 

By Mr. James : 

House bill Na. 210. A bill to fix the time of holding the Court 
of Common Pleas in the county of Grant, and repealing all laws ia 
conflict therewith. 

Which was read a first time and passed to a second reading. 

By Mr. Cowgill : 

House,_bill No. 211. A bill to enable common carriers to dispose 
of unclaimed freight and baggage. 

Which was read a first time and referred to^ the Committee on 
Railroads. 

ByMr. McVey: ^' 

House bill No. 212. A bill to legalize the appraisement of real 
estate made under the provisions of the act entitled, " An act to 
provide for the appraisement of real estate, and prescribing the duties- 
of officers in relation thereto," approved December 21, 1858, and 
the assessment and levy of taxes made, and hereafter to be made, on 
such appraisement. 

Which was read a first time and referred to the Committee or 
Judiciary. 

By Mr. Ferris. 

House bill No. 213. A bill to repeal so much of section 1st of an 
act entitled " an act for the relief of the families of soldiers, seamen 
and marines, and sick and wounded Indiana soldiers in hospitals in 
the State and United States service, and of those who have died or 
been disabled in such service, and prescribing the duties of certain 
officers therein named," as provides for levying and eollecting a tax 



73 

for such purpose, for the year eighteen hundred and sixty-six : and 
making provision for the application of any surplus which may re- 
main of such tax, levied and collected for the year eighteen hundred 
and sixty-five, and making other provision for the relief of such per- 
sons as may be entitled to relief under said act for the year eighteen 
hundred and sixty-six, and declaring an emergency for the immediate 
t aking effect of the same. 

Which was read a first time, and referred to the Committee on 
AVays and Means. 

By Mr. Miller. 

House bill No. 214. A bill to repeal an act entitled " an act to 
enforce the 13th article of the Constitution, approved June 18^ 
1852. 

Which was read a first time, and referred to the Committee on tha 
Rights and Privileges of the Inhabitants of the State. 

By Mr. Sabin. 

House bill No. 215. A bill to amend sections two and forty-eight 
of an act regulating general elections, and prescribing the duties of 
officers in relation thereto. 

Which was read a first time, and referred to the Committee on 

Elections. 

By unanimous consent 

Mr. Newcomb offered the following resolution : 

Resolved, That the doorkeeper be authorized and directed to con- 
tract with the proprietors of the Indianapolis Daily Journal, and the 
Daily Herald, for three copies per day of each paper for each mem- 
ber and elected officer of the House, one copy of each to be un- 
wrapped, and two copies wrapped and stamped ready for mailing. 
And that he, in like manner, contract with the publishers of the 
Daily Telegraph of said city, for two copies daily of said paper, both 
:to be wrapped and stamped as aforesaid. All of which papers shall 
be laid upon the desks of the persons entitled thereto, on the morn- 
ing of their publication ; and the doorkeeper is authorized to agree, 
upon behalf of the House, to pay a price not exceeding seven cents 
per copy for such papers ; and the House reserves to itself the right 



74 

to rescind said contract as to either of said papers that shall fail to 
publish satisfactory reporto of the proceedings of the House. 

Mr. Milroy moved to strike out the " Telegraph." . , • 

Mr. Chalmers moved to amend by adding in proper place, •' and 
two copies of 'Daily Gazette.'" ., • 

Mr. Coffroth moved to lay the pending amendments on the table. 
Which was agreed to. j 

Mr. Chambers moved to lay the resolution offered by Mr. New. 
comb on the table. 

Which was not agreed to. 

Mr. Harrison moved to amend by inserting in proper place, " two 
copies of the " Weekly Volksblat.' " 

Mr. Henrieks moved the previous question, 
Which was seconded by the House. 

The question being, shall the main question be now put ? 

It was so or<iered. 

The question being on the amendment offered by Mr. Harrison, 

Messrs. Burwell and Thatcher demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Brown, Burton, Burwell, Coffroth, Collins, Glaze- 
brook, Hargrove, Harrison, Henrieks, Howard, Humphreys, Las- 
selle, Lee, Lemon, Litson, Lopp, Milroy, Montgomery, O'Brien, 
Osborn, Patterson, Perigo, Pinney, Rice, Richards, Richardson. 
Roach, Shoaff of Allen, Shoaff of Jay, Shuey, Stenger, Stuckey, Sul- 
livan of Scott, Thatcher, Veach, Weikel and White — 38. ^i 

■\ J . . . 
Those who voted in the negative were, , ;, 

it .-.■'' 

Messrs. Atkinson, Bird, Bonner, Boyd, Burnes, Chambers, Cald- 
well, Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulke 
Gleason, Goodman, Gregory of Warren, Gregory of Montgomery, 
Groves, Hamrick, Hershey, Higgins, Hogate, Hoover, Hunt, James 
Lane, Lockhart, Major, Meredith, Miller, McVey, Newcomb, Olle 



man, Prather, Reese, Rhoads, Riford, Sabin, Sim, Stuart, Stivers, 
Stringer, Sullivan of P. & V., Upson, \Yelcli, Woodruff, Wright, 
Woods, Zeigler and Mr. Speaker — 52. 

■ So the amendment was not adopted. 

I The question being on the resolution as offered by Mr. Newcomb, 
Messrs. Chambers and Stringer demanded the ayes and noes. 
Those Avho voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Boyd, Brown, Barnes, Burton, 
Buskirk, Caldwell, Church, Coftroth, Collins, Cowgill, Cox, Croan, 
1 Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, 
Harrison, Henricks, Hershey, Hoover, Howard, Humphreys, Hunt, 
James, Kilgore, Lane, Lasselle, Lemon, Litson, Lopp, Major, Mere- 
dith, McYey, Newcomb, O'Brien, Olleman, Osborn, Patterson, Per- 
}igo, Pinney, Prather, Rhoads, Rice, Richards, Riford, Roach, Shoaff 
lof Allen, Shoafi" of Jay, Shuey, Sim, Stuart, Stenger, Stivers, Sulli- 
van of P. & v., Thatcher, Upson, Veach, Weikel, Welch, White, 
Wright, Woods, Zeigler and Mr. Speaker — 74. 

Those who voted in the negative were, 

Messrs, Burwell, Chambers, Crook, Davidson, Higgins, Hogate, 
Lee, Lockhart, Milroy, Montgomery, Reese, Richardson, Sabin, 
Stringer, Stuckey, Sullivan of Scott, and Woodruff — 17. 

So the resolution was adopted. 

The Speaker announced the Standing Committees of the House of 
Representatives, as follows : 

On Elections. — Messrs. Kilgore, Griffith, Lasselle, Prather, Shuey, 
Newcomb and Bird. 

On Ways and Means, — Messrs. Branham, Miller of Tippecanoe? 
Higgins, Buskirk, Cox, Sullivan of Posey, and Dunham. 

On the Judiciary. — Messrs. Newcomb, Kilgore, Coffroth, Rice, 
Cowgill, Brown and Trusler. 

Courts of Justice. — Messrs. Miller, Gregory, Spencer, Johnson, 
Burwell, Church and Howard. 

On Banks. — Messrs. Henricks, Cook, Bird, Miller of Tippecanee 
Pinney, Ferris and Caldwell. 



76 

On Education. — Messrs. Gregory of Warren, Rhoads, Burton 
Chambers, Olleman, Stuckey and Glazebrook. 

On State Prison (North). — Messrs. Griffith, Upson, Shoaff of Jay 
Higgins, Shoaff of Allen, Reese and Burwell. 

On State Prison (South). — Messrs. Groves, Stenger, Collins, Crook 
Howard, Foolke and Goodman. ii 

On Swamp Lands. — Messrs. Church, Glazebrook, Riford, Collins 
James, Crook and Gleason. 

On Military Affairs. — Messrs. Trusler, Cox, Milroy, Sim, Harri 
son, Prather and Perigo. 

On Claims. — Messrs. Boyd, Henricks, Abbett, Groves, Cowgill 
Lockhart and Veach. 

On Trust Funds. — Messrs. Hamrick, Sabin, Harrison, Hershey, 
Hargrove, Johnson and Lopp. 

On Fees and Salaries. — Messrs. Major, James, Humphreys, Bran- 
ham, Thatcher, Stivers, and Patterson. 

On Sinking Fund. — Messrs. Bonner, Gregory of Montgomery, 
Hunt, Major, Lemon, Zeigler, and Sullivan of Scott. 

On the Rights and Privileges of the Inhabitants of the State. — 
Messrs. Burns, Cook, Roach, Goodman, Richardson, Welch and Rich- 
ards. 

On Railroads. — Messrs. Lockhart, Gleason, Coffroth, Kilgore, Sim, 
Litson and Shoaff, of Jay. 

On 3Ianufactures and Commerce. — Messrs. Lane, Upson, O'Brien, 

Lockhart, Richards, Cook and Lee. 

4 
On Public Printing. — Messrs. Montgomery, Hamrick, Thatcher, 
Sabin, Osborn, Meredith and O'Brien. 

On Roads. — Messrs. Stringer, Woodruff, Atkinson, Bonner, Sten- 
ger, Davidson and White. 



77 

I On County and Township Business. — Messrs. Stivers, Atkinson, 
iVeikel, Caldwell, Slioaff of Allen, Riford and Patterson. 

On Agriculture. — Messrs, Hogate, Reese, Milroy, Wood, Spencer, 
Olleman and Bonner. 

I On Benevolent and Scientific Imtitutions. — Messrs. Meredith, Sul- 
jivan, of Scott, Lane, Stuckey, Cox and Wright. 

On Temperance. — Messrs. Shuey, Zeigler, Abbett, Montgomery, 
Stringer, Chambers and Lopp. 

On Mileage and Accounts. — Messrs. Woods, Goodman, Croan, 
fvferedith, Gregg, McVey and Lee. 

I On Corporations. — Messrs. James, Hamrick, Church, Buskirk, 
iVelch, Foulke and Roach. 

On Canals. — Messrs. Rice, Hoover, Bird, Davidson, Hunt, Her- 
hey and Perigo. 

On Public Expenditures. — Messrs. Higgins, Boyd, Hargrove, Hen- 
icks, Veach, Branham and White. 

j On Federal Relations. — -Messrs. Prather, Gregory of Warren, 
Ounham, Newcomb, Sullivan of Posey and Venderburg, Brown and 
!;offroth. 

On the Affairs of the City of Indianapolis. — Messrs. McVey, Ho- 
I'ate, Lemon, Litson, Pinney, Newcomb and Croan. 

On Engrossed Bills. — Messrs. Chambers, Stuart, Lasselle, Burns, 
Jurton, Gleason and Wright. 

The Speaker announced the Joint Committees on the part of the 
louse of Representatives, as follows : 

On Enrolled Bills. — Messrs. Rhoads, Humphreys and Montgom- 

|ky- 

f On State Library. — Messrs. Stewart, Rhoads and Gregg. 
On Canal Funds. — Messrs. Woonlruff, Hoover and Osborn. 
On Public Buildings. — Messrs. Ferris, Richardson, and WeikeL 



78 

On motion by Mr. Shuey, 

The Journal of yesterday was so corrected as to refer that part ofj 
the Governor's message that relates to Juvenile offenders, to a Select 
Committee, instead of the Committee of \Yays and Means. 

HOUSE BILLS ON SECOND READING. 

House bill No. 144. A bill to authorize, regulate and confirm the 
sale of railroads ; to enable the purchasers of the same to form cor- 
porations and to exercise corporate powers, and to define their, 
rio'hts, powers and privileges; to enable such corporations to pur-j 
chase and construct connecting and branch roads, and operate and! 
maintain the same. 

Was read the second time, and on motion of Mr. Meredith indefi- 
nitely postponed. 

I 

House Joint Resolution No. 15, was taken up and on motion laid; 

on the table. . I 

.. ' , ,-' j 

House bill No. 41. A bill to legalize sales by guardians undeij 
orders, defective, in not prescribing notice, 

Was taken up as reported back from the Committee on the Judi- 
ciary, read a second time, ordered to be engrossed and passed to a 
third reading. 

House bill No. 33. A bill to amend the eighth section of an act 
entitled an act to regulate and license the sale of spirituous, vinous, 
malt and other intoxicating liquors, to prohibit the adulteration ok 
liquors, to repeal all former laws contravening the provisions of this 
act, and prescribing penalties for violation thereof, approved March: 
5th, 1859. 

Was taken up with the recommendation heretofore reported from' 
the Committee on Temperance. 

On motion by Mr. Shuey, said bill was recommitted to same codQ' 
mittee. 

HOUSE BILLS ON THIED READING. 

House bill No. 21. A bill to amend the twenty-second section o: 
an act entitled " an act defining misdemeanors and prescribing pun- 
ishment therefor," approved June 14, 1852, was then taken up witb ' 



79 

be following report of the Committee on the Judiciary feeretoforc 
uaae : 

^Ir. Speaker : 

The Judiciary Committee to whom was referred House bill No, 
11, entitled " a bill to amend the twenty-second section of an act 
lefining misdemeanors and prescribing punishment therefor," 
pproved June 14, 1852, respectfully report back said bill to the 
louse and recommend that the amendment shall read as follows^ 
o-wit : 

"Every person who shall be guilty of notorious lewdness, or whc 
ihall in any public place make any uncovered and indecent exposure 
)f his or their person, upon conviction thereof shsll be fined in any 
um not less than ten nor more than one hundred dollars, to which 
aay be added imprisonment for any time not exceeding three 
nonths.'"' 

And upon the adoption of said amendment, the committee recom- 
nend the passage of the bill. 

Which amendment was agreed to, and the bill read a third time- 
,nd the question being shall the bill pass. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Burnes, Burton, Burwell, Buskirk^ 
Jhambers, Caldwell, Coflfroth, Collins, Cogwill, Cox Croan, Crook, 
Javidson, Ferris, Foulke, Glazebrook, Gleason Goodman, Gregory, 
>f Montgomery, Gregory, of Warren, Griffith, Groves, Hargrove^ 
larrison Henricks, Hershey, Higgins, Hogate, Hoover, Howard, 
iunt, James, Kilgore, Lane, Lasselle, Lee, Lemon, Litson, Lockhart, 
Oopp, Major, Miller, Milroy, Montgomery, McVey, Newcomb, OUe- 
uan, Osborn, Perigo, Pinney, Prather Reese, Rhoads, Richards, 
ilichardson, Riford, Roach, Sabin, Shoaff, of Allen, Shoaff of Jay 
>huey, Sim, Stuart, Stenger, Stringer, Stuckey, Sullivan, of Scott, 
■^ullivan, of P. & V., Thatcher, Trusler, Upson, Veach, Welch^ 
iVhite, Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 82. 

Mr. Bird voting in the negative. 

So the bill passed. 

The question being shall the title as reported stand as the title tc> 
:he same? 
it was so ordered,. 



so 

Ordered, That the Clerk inform the Senate of the passage of said 

bill. ' 

Joint Resolution No. 1. A Joint Resolution, proposing an amend- | 
□sent to the Constitution by striking out the 13th article thereof, 
Was read a third time. -I 

Mr. Buskirk moved to postpone said joint resolution until Tuesday 
iiext, at 2 o'clock, P. M., and made a special order for that hour. A 

Mr. Buskirk moved to amend, and have said Joint Resolution No. 1 
printed. 

Which was not agreed to. ' ■ 

The question on the original motion was then agreed to. ; j^ 

House Joint Resolution No. 2 was taken up, and, . ,, 

On motion by Mr. Henricks, 
Indefinitely postponed. ~ ' ' | 

House bill No. 18. A bill to provide for publication of notice to 
or service of summons on non-residents, on complaint for new trial. 
Was taken up with the following amendments, heretofore reported , 

from the Committee on the Judiciary : | 

v 

Mr. Speaker : ' . 

The Judiciary Committee, to whom was referred House bill No. 18, 
entitled " a bill to provide for publication of notice to, or service of 
summons on non-residents, on complaint for new trial," respectfully 
report back said bill to the House and recommend its passage. « 

Which was read a third time. ' I 

Mr. Buskirk moved to reconsider the vote whereby said bill was 
ordered to a third reading. 
Which was agreed to. 

On motion by Mr. Buskirk, 
The bill and amendment were referred to the Committee on the 
Judiciary. 

House bill No. 22. A bill to legalize the sale of certain school 
lands in Lake county. 

Was read a third time, and. 



81 

The question b-eing, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burnes, Burton, 
Buskirk, Oaldwell, Chambers, Church, Coffroth, Collins, Cowgill, Cox, 
Croan, Crook, Davidson, Ferris, Foulke, Glazebrook, Gleason, Good- 
man Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate 
Hoover, Howard, Humphreys, Hunt, James, Kilgore, Lane, Lasselle, 
Lee, Lemon, Litson, Lockhart, Lopp, Major, Meredith, Miller, Mil- 
roy, Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn 
Perigo, Pinney, Prather, Reese, Rhoads, Rice, Richardson, Roach, 
Sabin, ShoaiF of Allen, Shoaff of Jay, Sim, Stuart, Stenger, Stringer, 
Stuckey, Sullivan of Scott, Sullivan of Posey and Vanderburg, 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Woodruff, 
Wright, Woods, Zeigler and Mr. Speaker — 87. 

l?one voting in the negative. 

So the bill passed. 

The question being, shall the title, as reported, stand as the title to 
said bill. 

It was so ordered. ' ' 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

House bill No, 23. A bill to provide by law for draining and 
ditching low, wet and overflowed land in the State of Indiana, 

Was taken up with the following amendments, heretofore recom- 
mended by Committee on Swamp Lands : 

Mr. Speaker: • ' ■ . - * 

The Committee on Swamp Lands, to whom was referred House bill 
No. 23, entitled "an act to provide by law for draining and ditching 
low, wet and overflowed lands in the State of Indiana," have had the 
same under consideration, and direct me to report the following 
amendments thereto, and when so amended recommend its passage : 

Amend section one by striking out "three," in the third line, and 
inserting " one." 
H. J.- 6 



82 

Amend section second, in second line, by adding the following after 
the word " shall : " " Publish three consecutive weeks in a newspaper 
of general circulation, printed in said county, if there be one, and." 

Amend by striking out section five, and adding to section four the 
words, " and file the same with the Auditor of said county. 

Amend section six by adding after the word " shall," in the third 
line, " if after considering objections thereto, presented to them by 
remonstrance or otherwise, they find the work to be of public utility." 

Amend section six, after the word " work," in seventh line, by 
saying, " and payment of such damages as may be assessed, if any." 

Mr. Cofiroth moved that bill and amendment be laid on the table 
and one hundred copies be printed for the use of the House. 
Which was agreed to. 

On motion by Mr. James, 
The House adjourned. 



2 o'clock, p. m, • 

The House met. 

The Speaker announced the following committee on that portion 
the Governor's Message that refers to an asylum for Juvenile Ofi'end- 

ers : , . . 

Messrs. Shuey, Henricks, Abbett, Covrgill, Yeach, Rice and 
Burton. 

HOUSE BILLS ON SECOND READING. * ' 

House bill No. 25. A bill to repeal an act entitled " an act to 
prohibit the evidence of Indians and persons having one-eighth or 
more of negro blood, in all cases where white persons are parties in 
interest," approved February 14, 1853. 

Was taken up. 



83 

Mr. Newcomb moved to refer the same to the Committee on the 
Judiciary. 

Mr. Burwell moved to refer to the Committee on the Orcraniza- 
tion of Courts of Justice. 

The question on referring to the Judiciary Committee having pre- 
cedence. 

It was so referred. 

House bill No. 114. A bill to amend section one of an act enti- 
tled " an act relative to the salaries of public officers and providing 
the manner of paying the same, and the manner of reimbursing the 
State for an increase of salaries," approved March, 5, 1859. 

Was taken up and. 
On motion by Mr. Rhoads, 
, Was referred to the Committee on Fees and Salaries. 

House bill No. 139. A bill to amend sections 3, 4, 5, 7 and 11, 
of an act entitled " an act to regulate the sale and license the sale of 
spirituous, vinous, malt and other intoxicating liquors, to prevent 
the adulteration of liquor, to repeal all former laws contravening the 
provisions of this act and prescribing penalties for the violation 
;hereof," approved March 5, 1859, and prohibiting the owners and 
keepers of saloons, coffee houses, &c., from evading, or keeping any 
screens or blinds, and prescribing penalties therefor, and prescribing 
ijenalties in case of second or subsequent conviction. 

Was taken up and. 

On motion by Mr. Shuey, < Im;' .!'•:.• 

Was refered to the Committee on Temperance without reading. 

House bill No. 167. A bill putting a limit on pay for service in 
)btaining substitutes and volunteers for the military or naval service 
|)f the United States in this State and for taking the same without 
jhe limit of this State, and providing penalties for the violation 
lihereof and the recovery of such penalties and fixing the limitation 
fi'f such actions and imposing certain duties on the County Auditor, 
i| Was taken up and, 
j On motion by Mr. Newcomb, 
Postponed until the 20th day of December, 1865. 



House bill No. 195. A bill to amend an act entitled " an act to 
proviae"a Treasury system for the State of Indiana, for the manner 
of receiving, holding and disbursing the public monies of the State, 
and for the safe keeping of the public monies," approved March 1, 
1859, and declaring an emergency. ,,.,.! • f-Jiif" » Jo O' 

Mr. Speaker : . 

The Committee on Ways and Means, to whom was referred House 
bill No. 195, have had the same under consideration, and direct me 
to report the following amendment :— Insert after the title of the 
bill, " Be it enacted by the General Assembly of the State of Indi- 
ana, that the second section of an act entitled ' an act to provide a 
treasury system for the State of Indiana, for the manner of holding, 
receiving, and disbursing the public monies of the State, and for the 
safe keeping of the public monies, approved March 1, 1859,' and 
when so amended, to recommend its passage." 

Was taken up, with the amendments heretofore reported by the 
Committee on Ways and Means. 

On motion by Mr. Hamrick, 
The bill and amendments were recommitted to the Committee on 
Ways and Means. ^ ' 

House bill No. 197. A bill to provide for the purchase of the ste 
reotype plates and copyright of Gavin and Herd's Statutes of Indi 
ana, and the publishing of the laws of the present session with saii 
statutes, and a sufficient number of said statutes to supply the de 
mand therefor and sale thereof, and providing for the paymen 
thereof. 

Was read a third time, and, ■ ■-:' ' '■^' '■ '' r» ■jj-" '»^.? 

On motion by Mr. Higgins, . ;, ;; ,. j-.^- 

Postponed till the 21st day of December, 1865. 

ENGROSSED JJOUSE BILL6 ON THIRD READING. 

House bill No. 82. A bill concerning the creation of Corporatior 
■for the purpose of maintaining High Schools within the State, ar 
giving the requisite powers to such Corporations. 

Was taken up, and, 

On motion of Mr. Meredith, • • ; . 

Was recommitted Jfeo the Committee on Education. , .,.,vtp 



85 

House bill No. 86. A bill for the purpose of draining and im- 
proving tbo s^vamp lands bordering on and lying contiguous to the 
Little Calumet and Grand Calumet Rivers, in Lake County, Indiana, 
and to more fully carry out the intentions of Congress in donating 
the swamp lands to the State, and in accordance with the authority 
for the draining and reclaiming of such lands, granted to the State 
by Congress ; and for the purpose of enabling private enterprise to 
accomplish what should and ought to have been done by the aid of 
the Swamp Land Fund of Lake County, which fund has been reck- 
lessly wasted. 

Was taken up. • • 

Mr. Lasselle moved to refer said bill to the Committee on the 
Judiciary. , . , 

Mr. Buskirk moved to instruct the Committee that if the bill was 
found to be imperfect, to report one on that subject. 



Which was accepted by Mr. Lasselle. ^^.^ , 

The bill was then referred to said Committee. 






Mr, Burnes, from the Committeejj on Engrossed Bills, made the 
following report : 

Mr. Speaker: 

The Committee on Engrossed Bills, to whom was referred House 
bills Nos. 81, 117, 121, 123, 135, 138, 14;^ and 148, have compared 
the same with the originals on file, and find that said bills are all 
correctly engrossed. 

Mr. Milroy asked and obtained leave of absence until next Tues- 
day, on account of sickness. 

House bill No. 88. A bill to authorize High Schools, Academies, 
Colleges, Universities, Theological Institutions and Missionary 
Boards, formed under the general laws of this State to change their 
corporate name. : 

Was read a third time, and, " ' "• v'^ .!■ :. :!i; .. > ' . •' 

The question being, shall the bill pass ? ... 

Those who voted in the affirmative were, 
Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burnes, Burton, 



Burwell, Buskirk, Caldwell, Chambers, Church, Collihs, Cowgill, Cox, 
Croan, Crook, Davidson, Ferris, Foulke, Gleason, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, GrovevS, Hamrick, Hargrove, 
Harrison, Henricks, Hershey, Higgins, Hogate, Hoover, Howard, 
Humphreys, Hunt, James, Kilgore, Lasselle, Lee, Litson, Loekhart, 
Lopp, Major, Meredith, Montgomery, McVey, Newcorab, O'Brien, 
OUeman, Osborn, Perigo, Pinney, Prather, Reece, Rhoads, Rice, 
Richards, Richardson, Roach, Sabin, Shoaflf of Allen, Shoaff of Jay, 
Shuey, Sim, Stuart, Stivers, Stringer, Stuckey, Sullivan of Scott, 
Sullivan of P. & V., Trusler, Upson, Veach, Weikel, Welch, White, 
Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 81. 

Those who voted in the negative were, I? 

Messrs. Glazebrook and Lemon — 2. 

'■ ■ ■ ■ ' ■ . '■ W. 

So the bill passed. 

The question being, shall the title, as reported, stand as the title of 
the bill ? 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passage of the ' 
bill. 

House bill No. 106. A bill authorizing the construction of ware- 
houses for the inspection, storage and sale of tobacco, 
'■• Was read a third time. \- -> "> W -' ' '-'i^ -i- 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Boyd, Branham, Burnes, Burton' 
Burwell, Caldwell, Church, Cowgill, Cox, Croan, Crook, Davidson, 
Ferris, Foulke, Gleason, Gregory of Montgomery, Griffith, Groves, 
Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, Dogate, 
Hoover, Howard, Humphreys, Hunt, James, Kilgore, Lasselle, Lem- 
on, Litson, Loekhart, Lopp, Meredith, Miller, Major, Montgomery, 
McVey, Newcomb, O'Brien, Olleman, Osborn, Perigo, Pinney, 
Prather, Reese, Rice, Richards, Richardson, Rhoads, Sabin, Shoaff, 
of Jay, Shuey, Sim, Stuart, Stenger, Stivers, Stringer, Stuckey, Sul- 
livan, of Scott, Sullivan, of Posey and Vanderburg, Thatcher, Trus- 



87 

ler, Veach, Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler, 
and Mr. Speaker— 79. 

Those who voted in the negative were, 

Messrs. Chambers and Collins — 2. 

So the bill passed. 

The question being, shall the title, as reported, stand as the title to 
said bill. v 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

House bill No. 147. A bill to amend section six of an act entitled 
" an act regarding estrays and articles adrift," approved June 16th, 
1852, 

Was read a third time, and, 

The question being, shall the bill pass ? 

Those who voted in the aflBrmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Branham, Brown, Burnes 
Burton, Burwell,Buskirk, Caldwell, Chambers, Coffroth, Cowgill, Cox, 
Croan, Davidson, Ferris, Foulke, Gleason, Goodman, Gregory of 
Montgomery, Gregory of Warren, Hamrick, Harrison, Henricks, 
Hig<^ins, Humphreys, Hunt, Kilgore, Lane, Lasselle, Montgomery, 
McVey, Newcomb, O'Brien, Osborn, Pinney, Rhoads, Rice, Shoaff, of 
Allen, Shoaff, of Jay, Sim, Stuart, Stringer, Sullivan, of Posey and 
Vanderburg, Thatcher, Trusler, Upson, Veach, Welch, and Mr. 
Speaker — 52. 

Those who voted in the negative were, 

Messrs. Boyd, Collins, Crook, Griffith, Groves, Hargrove, Her- 
shey, Hogate, Hoover, Howard, James, Lee, Lemon, Litson, Lock- 
hart, Lopp, Major, Olleman, Perigo, Prather, Reese, Richards, Rich- 
ardson, Sabin, Shuey, Stenger, Stuckey, Sullivan, of Scott, Wiekel, 
White, Woodruff, Wright and Zeigler— 26. 

So the bill passed. 



88 

The question being, shall the title, as reported, stand as the title to 
said bill. ■ i 

It was so ordered. ^ 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

House bill No. 126. A bill to amend section five of an act enti- 
tled " an act to authorize the construction of levees and drains," 
approved June 12th, 1852, ■ -y 

Was read a third time, and, . , ■ .;.,,, jf - 

The question being, shall the bill pass ? ■ ^ ■;■ , ■■ ' -vo 

^ Those who voted in the affirmative were, ' " , 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branhara, Burnes, 
Burton, Caldwell, Chambers, Church, Coffroth, Cowgill, Cox, Croan, 
Crook, Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery,, 
Griffith, Groves, Hamrick, Harrison, Flenricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Hunt, James, Kilgore, Lane, 
Lasselle, Lee, Lemon, Litson, Lockhart, Lopp, Major, Montgomery, 
McVey, Newcomb, O'Brien, Olleman, Osborn, Perigo, Pinney, Prather 
Ilhoads, Rice, Richardson, Roach, Shoaff of Allen, Shoaff of Jay, 
Shuey, Sim, Stuart, Stenger, Stringer, Stuck ey, Sullivan of Posey 
and Vanderburg, Thatcher, Trusler, Upson, Veach, Weikel, Welch, 
White, Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 78. 

Mr. Hargrove voted in the negative. - " ' ' 

• -\- -'• " ' .,i- > ,;r '.;.''' , . ■■■■a "' .' > i . 
So the bill passed. • 

The question being, shall the title, as reported, stand as the title 
to said bill. 

It was so ordered. •;„,,, , , ,.• ■■,;-^-: ,,,.,.,.. 

Ordered, That the Clerk inform the Senate of the passage of saidi 
bill. 

House bill No. 149. A bill to enable the Board of Directors of 
any incorporated Turnpike Company to change the time of holding 
the election of Directors, ; ;jL.. 

Was taken up and read a third time, and, 

On motion of Mr. Newcomb, ' '- "" •"' 

The bill was re-committed to the Committee on Corporations. 



89 

Message from the Senate, by Mr. Wilson, their Secretary. 
Mr. Speaker: 

I am directed by the Senate to return to the House enrolled act^ 
No. 59, thereof, which has been signed by the President, pro tem, of 
the Senate. 

Mr. Rhoads, from the Joint Committee on Enrolled Bills, presented 
the following report : 

Mr. Speaker: "■.'■ ■ ••' * '•■' " >; •'• i 

The Joint Committee on Enrolled Bills respectfully report that on 
Thursday, November 16th, 1865, at 4 o'clock, P. M., they presented 
to His Excellency, the Governor of the State, Enrolled Act of the 
House of Representatives, No. 59, for his approval and signature. 

House bill No. 124. A bill to amend section 30 of an act " regula- 
ting the fees of officers, and repealing former acts in relation there- 
to," approved March 2d, 1855, 

Was read a third time. " * ' " *''' 

A.iJiv,\ ;uiw i{i<i J'i>.8 

The question being, shall the bill pass? 'n.u\\ fcW'.»hji'^P -f;,' 

Mr. Miller moved to refer said bill to the Committee on Fees and 
Salaries. 

Which was not agreed to. rf*i?'>^--'- '' .t?'" 7.1 ,>,\% :(: 

• • ■' I '. . '■ 
Mr. Groves moved to indefinitely postpone the bill, 'u : %: ty-*«- 
Which was not agreed to. ., 

The question recurring, shall the bill pass? ' ' ' ' '''' ' 

Those who voted in the affirmative were, ' '■ 

Messrs. Abbett, Bonner, Boyd, Branham, Burnes, Buskirk, Cald- 
well, ColFroth, Crook, Ferris, Gregory of Warren, Griffith, Hamrick, 
Harrison, Hershey, Hogate, Hoover, Howard, Humphreys, Kilgore, 
Lane, Lasselle, Litson, Lockhart, Major, Milroy, Montgomery, Mc- 
Vey, Olleman, Pinney, Rhoads, Roach, Shuey, Sim, Stuart, Stenger, 
Stivers, Stringer, Sullivan of Scott, Trusler, Upson, Veach, White, 
Zeigler and Mr. Speaker — 44. 



90 

Those who voted ia the negative were, | 

Messrs. Atkinson, Bird, Brown, Burton, Barwell, Chambers, Church, 
Collins, Cowgill, Cox, Croan, Davidson, Foulke, Glazebrook, Gleason, 
Goodman, Gregory of Montgomery, Groves, Hargrove, Henricks, 
Higgins, Hunt, James, Lee, Lemon, Lopp, Miller, Newcomb, Osborn, 
Perigo, Prather, Reese, Rice, Richards, Richardson, Sabin, Shoaff of 
Allen, Shoaff of Jay, Stuckey, Sullivan of P. and V., Weikel, Welch, , 
Woodruff, Wright and Woods — 45. ij 

So the bill was lost. i 

House bill No. 186. A bill declaring the laws now in force suffi- 
cient to authorize the semi-annual interest on the State debt, author- 
izing the payment of the same, as it may become due, declaring 
specific appropriations therefor unnecessary and providing for pun- 
ishment for violation of this act. 

Was taken up and, 

On motion by Mr. Newcomb, 

Made the special order of the day for to-morrow at ten o'clock. 

Mr. Pettit, by unanimous consent, asked leave to take up House 
bill No. 156. 

Said bill was taken up. 

Mr. Henricks moved to reconsider the vote whereby said bill was 
ordered to be engrossed. 

Which was agreed to. • .- 

On motion by Mr. Newcomb, 
Said bill was made the special order of the day for Wednesday 
next at 2 o'clock P. M. 

Mr. Brown moved that said bill be referred to a Select Committee of 
five, and said committee report the bill, with amendments, back with 
200 copies printed for use of the House. 

Which was agreed to. 

Mr. Newcomb moved to reconsider the vote whereby House bill 
No. 124 was lost. 

Agreed to. " i 

Unanimous consent was given, and Mr. Newcomb moved to 
amend House bill No. 124, as follows: Insert after the word 
" Clerk," in line 29, " and may, in their discretion, furnish the 
same to the." 

Which motion prevailed. 



91 

The question then being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Brown, 
Buries, Burton, Burwell, Buskirk, Caldwell, Church, Cowgill, Cox, 
Groan, Crook, Davidson, Ferris, Foulke, Gleason, Gregory of War- 
ren, Griffith, Groves, Harrison, Ilenricks, Hershey, Iliggins, Ilogate, 
Hoover, Howard, Humphreys, Hunt, James, Kilgore, Lane, Las- 
selle, Lee, Lemon, Litson, Lockhart, Lopp, Major, Miller, Mont- 
gomery, McVey, Newcomb, O'Brien, Olleman, Osborn, Perigo, Fin- 
ney, Prather, Reese, Rhoads, Richards, Roach, Sabin, ShoafF of 
Allen, Shoaff of Jay, Shuey, Sim, Stuart, Stenger, Stivers, Stringer, 
Sullivan of Scott, Sullivan of P. & V., Upson, Veach, Welch, Wood- 
ruff, W^right, Woods, Zeigler and Mr. Speaker — 76. 

Those who voted in the negative were, ' ' 

Messrs. Chambers, Glazebrook, Goodman, Hargrove, Richardson, 
Stuckey and Weikel — 7. 

So the bill passed. ■ 

The question being, shall the title, as reported, stand as the title 
to said bill? . ' • 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passago of said 
bill. ' '. •' ■ ' 

On motion by Mr. Humphreys, '' 

The House adjourned. 



FRIDAY MORNING, 9 o'clock. \ 
November 17, 1865. j 



The House met pursuant to adjournment. 

The Clerk proceeded to read the Journal, when, 



92 

On motion by Mr. Hoover, tlie further reading thereof was dis- 
p ese : i . 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

13y Mr. Wright. .,/:•. .... : ..^ .-■-,,., 

A claim from Werden & Co. for $40.10. ] ' / '" 

Which was referred to the Committee on Claims. 

By Mr. Coffroth. . > • ^ - ■ 

A memorial from the Commissioners of Whitley County, asking 
for a modification of the law " for the relief of soldiers, seamen and 
marines, &c., approved March 4, 1865." 

Which was referred to the Committee on Ways and Means. 

By Mr. Abbett. 

A claim from Jones, Hess & Davis, for .^15.50. 

Also a claim from the doorkeeper for 30 bushels Pittsburg coal a1 
40 cts. per bushel, $20.00. 

Wliich were referred to the Committee on Claims. 

By Mr. Collins. • rip. 

A memorial from the County Commissioners of Adams County, oi 
the subject of relief of Soldiers' Families. 

Which was referred to the Committee on Ways and Means. 

By Mr. Buskirk, , , -,; 

A memorial from the Commissioners of Monroe County, asking 
for a modification of the law " for the relief of the families of soldiers 
seamen, marines, &c., approved March 4, 1865." 

Which was referred to the Committee on Ways and Means. 

REPORTS OF COMMITTEES. 

Mr. Lockhart, from the Select Committee on employees of th 
House, made the following report : 

Mr. Speaker: 

The Committee un Employees, to whom was referred a resolutio: 



93 

authorizing the Clerk to furnish the reporters of the Journal, Herald 
and Telegraph, with stationery, upon -which to make their reports, 
have had the same under consideration, and have instructed me to 
report the same back, and recommend its adoption. 
Which was concurred in, and the resolution adopted. 

Mr. Miller, from the Committee on Ways and Means, made the 
following report : 

Mr. Speaker : 

■. ■ ' ■■ . • ■ ■ ■•:• ■■ 5^ ■ 't ' '• 

I am directed by the Committee on Ways and Means, to whom 
was referred that portion of the Governor's Message which refers to 
the Public Debt, to report the same back to the House, and recom- 
mend the adoption of the following Concurrent Resolution: 

Resolved, By the House of Representatives, the Senate concurring, 
That that portion of the Governor's Message which refers to the 
Public Debt, be referred to a Joint Committee of both Houses, to 
consist of the Committee on Ways and Means, on the part of the 
House, to which four members shall be added, and the Committee on 
Finance on the part of the Senate, to which two members shall be 
added, and that said Committee shall have power to send for persons 
and papers. 

Which was concurred in. I'j'' 'r.. -' 

Mr. Higgins, from a Special Committee heretofore appointed, made 
the following report : 

Mr. Speaker: 

The Select Committee appointed to revise the rules of the House, 
and joint rules, have had the same under consideration, and have 
directed me to recommend the adoption of the rules and joint rules 
of the General Assembly at its last session, with three amendments; 
and when so amended, that two hundred copies thereof, with the 
Constitution of the State, be printed for the use of the House. 
Amend Rule 54 by striking out 12 and inserting 11. 
Amend Rule 55 by inserting after the words "appropriation bills," 
in the proviso, " and bills adjusting the public debt." 

Amend Rule 59 by striking out words " Nor shall it be recommit- 
ted without special instruction," and inserting " but may be recom- 
mitted with special instruction by a two thirds rule." 



94 

Which was concurredln, and the recommendations of the Commit- 
tee agreed to 

Mr. Ilenrick offered the following concurrent resolutions : 

Resolved, hy the House of Rfpresentatives of Indiana, (the Sen- 
ate concurring therein,) That the Constitution of the United States 
ought to be so amended as to cause the representation in Congress 
to be apportioned among the several States according to the number 
of male inhabitants over the age of twenty-one years, who are by 
the Constitution and laws of said States respectively, entitled to 
vote at general elections in such States. 

Resolved, That our Senators in Congress be instructed, and our 
Representatives requested to use their influence to procure the 
passage of such an amendment to the Constitution of the United 
States, as is indicated in the foregoing resolution, to be proposed to 
the several States for ratification. 

Which was referred to the Committee on Federal Relations, under 
House resolution, page 247. i 

BILLS AND JOINT RESOLUTIONS. .' v 1 

By Mr. Griffith: ■..■"' 

Joint resolution No. 17. A joint resolution amendatory of sec- 
tion nine, (9) article four, (4) of the Constitution of the State of 
Indiana, so as to provide for annual sessions of the General 
Assembly. 

Which was read a first time and passed to a second reading. 

By Mr. McVey : . . 

House bill No. 216. A bill to amend the fifth section of " an act 
touchinor the marriaore relation and liabilities incident thereto," 
approved May 31, 1852, empowering any married woman whose 
husband is of unsound mind to lease, bargain, sell, incumber and 
cmvey her real estate as if unmarried without the consent or joining 
of her husband, repealing all laws inconsistent therewith, and declar- 
ing an emergency. 

Which was read a first time and, on motion, referred to the Com- 
mittee on the Judiciary. 



95 
Mr. Kilgore offered the following resolation : 

Eesolvedy That the Committee on the Rights and Privileges of the 
State be and is hereby instructed to inquire into the expediency of 
making all colored citizens of the United States CDmpetent witnesses 
in all actions, both civil and criminal in any of the Courts of this 
State and securing to them the fullest extent of all the rights noff 
given to other citizens of the United States in our Courts. 

AYhich was agreed to. 

Mr. Chambers offered the following resolation: 

Resolved, by the House of Representatives, (the Senate concur- 
ring) that our Senators in Congress be instructed, and our Represen- 
tatives requested to propose such an amendment to the Constitution 
Df the United States, that the rights of suffrage shall be uniform 
throughout the United States and that the power to regulate th© 
same shall be invested in Congress and not in the States. 

Which was referred to the Committee on Federal Relations. 

By Mr. Cox : ' 

House bill No. 217. A bill compelling Railroad Companies to 
transport all freights of whatever nature which may accumulate 
ilong the line of their respective roads, declaring that one class of 
freight shall not have precedence over any other class, prescribing 
penalty and declaring an emergency. 

Which was read a first time and. on motion, referred to the Com- 
mittee on Railroads. 

Mr. Prather offered the following resolution : 

Resolved, That the State Librarian be instructed to lay upon the 
ables of each member of this House, elected since the last session 
hereof, a copy of the Revised Statues of Indiana, by Gavin & Hord » 
ind also, the Journals of the last session, for which they shall not 

ccount. 

I 

\ 

' On motion by Mr. Brown, 

The resolution was laid on the table. 

Mr. Higgins offered the following resolution : 



90 

Resolved, That the Committee on Fees and Salaries be instructed 
to inquire into the expediency of providing by law for compensating 
Constables and Justices of the Peace for services rendered in crim- 
inal cases and to report by bill or otherwise. . . -. . : . 

Which was agreed to. - '. '^ •:•. >. ; j. .^ 

By Mr. Shuey : ^. . - :,,s ,,j. •• . . I 

House bill No. 518. A bill to amend sections 8 and 4 of an act 
entitled "an act to regulate and license the sale of spirituous, 
vinous, malt and other intoxicating liquors, to prohibit the adultera- 
tion of liquors, to repeal all former laws, contravening the provis- 
ions of this act, and prescribing penalties for the violation thereof," 
approved March 5, 1859, and prescribing penalties in case of second 
or subsequent conviction. , • ■„. .■ • ;. 

Mr. Brown moved the following instructions : ' ■ ■ f>' 

To strike out the w^ord " white." • ' ■ 

Mr. Chambers offered the following as instructions : ! 

. t e 

Amend by striking out, wherever they occur, the words " good; 
moral character." 

Said bill was read a first time and, with proposed amendments, 
referred to the Committee on Temperance. , ,.,> . 

SPECIAL ORDERS FOR THE DAY. 

The hour having arrived for the special order for the day. 

House bill No. 186. A bill declaring the laws now in force suffi 
cient to authorize the semi-annual interest on the State debt, authori 
zing the payment of the same as it may become due, declaring 
specific appropriations therefor unnecessary, and providing fo] 
punishment for violations of this act. . . 

Was taken up and read a third time. > 

Mr. Buskirk, by unanimous consent, moved to recommit said bil 
with the folloAving amendment : 

Strike out all that part of the bill that refers to the power to pa; 
the interest without specific appropriations. 



I 



97 

Mr. Groves moved to lay the motion and amendment on the table, 

Messrs. Buskirk and Groves demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burns, Caldwell, 
Chambers, Church, Cox, Crook, Davidson, Ferris, Glazebrook, Glea- 
son, Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hamrick, Henricks, Hershey, Higgins, Hogate, Hoover, James, 
Johnson, Kilgore, Litson, Lockhart, Major, Miller, Montgomery, 
McVey, Newcomb, OUeman, Prather, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Spencer, Stenger, Stivers, Sullivan of Scott, Sulli- 
van of P. & v., Upson, Welch, Woodruff, Wright, Woods, Zeigler 
and Mr. Speaker — 55. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Brown, Burton, Burwell, Buskirk, Coffroth 
Collins, Cowgill, Croan, Foulke, Hargrove, Harrison, Howard, Hum- 
phreys, Hunt, Lane, Lee, Lemon, O'Brien, Osborn, Patterson, 
Perigo, Pinney, Richardson, Richards, Roach, Shoaff of Jay, Stuart, 
Stuckey, Thatcher, Veach, Weikel and White — 35. 

So the motion to lay on the table prevailed. <> ' r 

The question being on the passage of said bill: , , 

Mr. Gregory, of Warren, moved the previous question. 
Which was seconded by the House. , . 

The question being, shall the main question be now put? ' 

It was so ordered. ' ,. ! . ,; - ■ 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

, Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Caldwell, 
Chambers, Church, Cowgill, Cox, Crook, Davidson, Ferris, Foulke, 
Gleason, Goodman, Gregory of Montgomery, Gregory of Warren, 
'Griffith, Groves, Hamrick, Henricks, Hershey, Higgins, Hogate, 
Boover, James, Kilgore, Lane, Litson, Lockhart, Major, Miller, 
H. J.— 7 



■ 98 

Montgomery, McVey, Newcomb, Olleman, Pratlier, Reese, Rhoads, 
Rice, Riford, Sabin, Sliucy, Sim, Stuart, Stivers, Stringer, Sullivan 
of P. & v., Upson, Welch, Woodruff, Wright, Woods, Zeigler and 
Mr. Speaker — 56. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Brown, Burton, Burwell, Buskirk, Coffroth, 
Collins, Groan, Glazebrook, Hargrove, Harrison, Howard, Hum- 
phreys, Hunt, Lasselle, Lee, Lemon, O'Brien, Osborn, Patterson, 
Perigo, Pinncy, Richards, Richardson, Roach, Shoaff of Allen, 
Shoaff of Jay, Stenger, Stuckey, Sullivan of Scott, Thatcher, 
Veach, Weikel and White— 35. 

So the bill passed. ;/ 

The question being, shall the title, as reported, stand as the title 
to said bill ? 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passage of said 
bin. ' • . - • 

The Speaker laid before the House the following Memorial of the 
Officers and Directors of Indiana Soldiers' Home Association. 

To the General Assembly of the State of Indiana: 

Gentlemen: — The undersigned Officers and Directors of the 
Indiana Soldiers' and Seamen's Home Association, most respectfully 
present a summary of the condition and plans of our organization, 
in the hope that your careful consideration of the whole matter may 
lead to such legislation as shall conduce to the best interests of our 
disabled soldiers and the soldiers' orphans of our State. 

As you will observe, the Governor, who is ex officio President of 
this association, has given you, in his message, so full a history of our 
organization and operations, that we deem it unnecessary to do 
more than present a few items not fully elaborated in that document. 

The Governor informs you that, up to the date of his writing, forty- 
six disabled soldiers have been admitted into the Home, twenty-one 
of whom were enabled, after careful treatment, to go out again'and 
care for themselves. 



99 

We deem it proper to say to you that, owing to the limited funds 
in our hands and at our command, we have been compelled to limit 
our benefactions to the most helpless and most d-^stitute cases that 
were presented, while all applications in behalf of orphans were 
suspended until additional funds can be secured. For the same rea- 
son soldiers were not retained in the Home longer than was abso- 
lutely necessary for medical or surgical treatment. Had we been 
able to afford suitable accommodations, we are quite certain that the 
number of occupants of the Home, during the time named, would 
have been doubled, if not quadrupled. \ 

We have not dared to throw open our doors and extend a general 
invitation to all disabled soldiers, who need help, to come in because 
we had neither the means to support, nor accommodations to render 
comfortable those who would come. Hence we have quietly done 
what we could for the worst cases coming under the observation of 
our agents, while the greater portion of our disabled soldiers are not 
aware that we are receiving any into our temporary institution. 
Indeed many persons in our State, not being so situated as to see the 
necessity of our enterprize, and being ignorant of what we are accom- 
plishing, are even now opposing our efforts with the assertion that, 
"if we were to build a splendid Soldiers' Home, no soldier would come 
into it !" The best answer that can be made to this assertion, will be 
found in the extract from the Report of the Superintendent of the 
temporary Home, given below. That there are disabled soldiers who 
will never live in the Home, is doubtless true, for they have friends 
who can take care of them elsewhere; but wealth is not the heritage 
of the masses, who gave to the nation her soldiers. The only re- 
sources of most of our soldiers were their phi/sical powers, and these 
being now destroyed or impaired, they have a right to expect from 
those for whose security they gave their alt, some just recognition of 
their sacrifices. 

Many of our disabled soldiers have families, and the father was 
their only dependence. That we owe them a support is beyond all 
doubt. He would have supported them had he not been disabled, 
and now that he is disabled in our behalf we must do it. The same 
argument applies with still weightier import to the orphans of the 
fallen. 

The plan that we propose is this : We would procure a tract of 
good land, sufficient to yield all necessary vegetables for the Home. 
Upon this ground we would provide suitable habitations, both for 
siagle men, families, and orphans. Having convened these all in 



100 

one community, we would afford them all possible facilities for con- 
tributing to their own support. This would be done chiefly by 
erecting workshop,s^ where such trades could be curried on as disa- 
bled men could work at — such as making brooms, baskets, brushes, 
shoes, &c. Here the remaining faculties of partially disabled men 
could be educated to good trades, whereby they might support them, 
selves independently, outside of the Home, in a few years, if they 
should desire it. 

By bringing these families into one community, we will have facil- 
ities for educating their children in a superior manner, being able to 
instruct them both in the ordinary branches of education, and also 
in a suitable trade, thus fully qualifying them for usefulness in after 
life ; they, meanwhile, contributing, by their labor, to their own sup- 
port. The same advantages would accnie to the orphans, who', in 
addition to the education and trade there acquired, would be placed 
under the charge of suitable persons, who would, so far as possible, 
maintain the family relation, and perform a parent's duties in their 
behalf. 

It is furthermore our desire to establish, at the earliest practicable 
moment, a special school for young men, wherein will be taught book 
keeping, penmanship, telegraphing, and other branches of a practical 
business education. In this school, men who have lost an arm, or a 
limb, may yet be so instructed, that they can go 'forth, in a year or 
two, and live independently by their acquirements, being qualified, 
both for civil pursuits and for such official positions as a grateful and 
patriotic people would be disposed to confer upon them. As evi- 
dence of the necessity for such a school, we would say that numerous 
applications, by disabled soldiers, have already been made to us, for 
such advantages as such schools afford, and, although unprepared to 
accommodate all, yet some young men now at the temporary Home, 
are attending the Mercantile, and other schools of Indianapolis, and 
are making great proficiency in their studies. 

We have not yet obtained sufficient data whereby to estimate the 
number of disabled soldiers, and orphans of soldiers, in the State, 
who will need the benefits of this Home. We are confident, however, 
that the number of soldiers can not fall under five hundred, and the 
number of orphans one thousand. Some four weeks ago, we m.ade 
application to the county Auditors of the State for information on 
this point, but thus far we have but partial returns from nineteen 
counties, showing an aggregate of 173 totally disabled, and 565 par- 
tially disabled soldiers ; and 427 whole orphans, and 1,633 orphans 



101 

in part— their fathers being dead. This number of disabled soldiers 
does not include those whose constitutions have been broken down in 
the service, which would largely increase the at^gre'i'ate. 

Taking these nineteen counties for the basis of a 'proportionate 
estimate for the whole State — which, however, is too small a basis for 
an average estimate, as none of those counties contain cities of more 
than four thousand inhabitants — and we have 828 totally disabled, 
and 2,760 partially disabled soldiers, and 9,036 soldiers' orphans in 
.this State, besides a vast number of soldiers broken down by disease. 
This estimate, we are fully confident, will fall far below the facts 
when they are developed. 

With this statement of our plans and purposes, we appeal to vou 
for aid in their accomplishment. Wherever our agents go, they find 
the common sentiment prevailing, that the Legislature ougJd to ap- 
propriate funds for this purpose, and this leads us to hope for your 
prompt and liberal action. Put us on a living and working basis, 
and with the proceeds of our shops and gardens, coupled with the 
usual success of our soliciting agents, we are hopeful for a career of 
great benefit to the soldier and orphan, with very little additional ex- 
pense to the State. 

We ajipeal to you as the representatives of a State whose soldiers 
have redeemed her from disgrace, and crowned her with peerless 
honors ; as the representatives of a people who have borne much for 
their country's sake, but are willing to bear still more, if they may 
thus lighten the burdens of care, or want, or sorrow, that rest upon 
the maimed and shattered heroes that live, or the orphans of the 
noble dead. 

The follov.-ing extract from the report of Dr. Wishard, Superin- 
tendent of the temporary Home, is appended for your information : 

"Total number admitted up to November 17th 55 

"■ " discharged 25 

'• " died 1—26 



Total remaining 29 

^^ Of the number remaining, eight have lost each one arm ; one an 
arm and leg ; four have lost both arms ; one has lost both feet ; two 
are hopelessly consumptive ; one has dropsy, and the remainder are 



102 

broken down with old age and general debility. Few of them have 
homes, and none have friends able to take care of them." 

Respectfully submitted, 

0. P. MORTON, President; ■ r-i' 

" '^ JAMES M. RAY, Treasurer- J > 

'■'■ WM. H ANN AM AN, Secretary; 

JOHN HOGARTH LOZIER,' Financial Agent. 



Directors, ..-,', 

Philip HoRNBROOK,....lst Dist. John A. Matsox, 7th DisL 

'■' , 2d " S. KlRKPATRICK, 8th " 

Joseph I. Irwin, 3d " John B. Niles, 9th " 

Will. Cumback, 4th "■ Isaac Jenkinson, 10th " 

, 5th '^ John U. PETTiT,.,..,..llth "■ 

John Cocurn, Gth " 



* The vacancies occasioned by resignation.-, in the 'Id and S-th Distvicis, hare 
r>ot yet been filled. 

Mr. Henrieks moved that tlie foregoing memorial be referred to 
the Special Committee heretofore appointed on that subject, and that 
the Committee be increased from five, to one from each Congres- 
sional District. 

Which was agreed to, 

Mr. Kilgore moved that three hundred copies be printed for the 
use of the House. 
Which was agreed to. 

Mr. Woods, from the Committee on Mileage and Accounts, made 
the following report. 

Mr. Speaker: 

The Committee on Mileage request me to make the following re- 
port as the mileage due eaeh member of the House of Representa- 
tives, as follows : 

Abbett, 100; Atkinson, 180; Bird, 280; Bonner, 211; Boyd, 



103 

248; Branham, 1G8 ; Brown, 142; Burnes, 50; Burton, 200 
Burwell, 312; Buskirk, 160; (alrhvell, 100; Chambers, 196 
Church, 300; Coffroth, 214; Collins, 376: Cook, 384; Cowgill 
1.80; Cox, 150; Croan, 80; Crook, 300; Davidson, 196; Dun 
ham, 226; Ferris, 150; Foulke, 142; Glazebrook, 240; Gleason 
300; Goodman, 350; Gregg, 176; Gregory of Montgomery, 174 
Gregory of Warren, 180 ; Griffith, 490 ; Groves, 420 ; Hamrick 
92 ; Hargrove, 330 ; Harrison, 52 ; Henricks, 370 ; Hershey 
150; Higgins, 312; Hogate, 50; Hoover, 144; Howard, 220 
Humphreys, 230; Hunt, 250; James, 230; Johnson, 270; Kil. 
gore, 108; Lane, 100; Lasselle, 152; Lee, 264; Lemon, 260 
Litson, 172; Lockhart, 528; Lopp, 320; Major, 62; Meredith 
144; Miller, 134; Milroy, 160; Montgomery, 102; O'Brien 
260 ; Olleman, 30 ; ' Osborn, 150 ; Patterson, 240 ; Perigo, 410 
Pinney, 60; Prather, 126; Reese, 140; Rhoads, 280; Rice, 200 
Richards, 144; Richardson, 370; Riford, 464; Roach, 224 
Sabin, 554 ; Shoaff of Allen, 306 ; ShoaiF of Jay, 208 ; Shuey, 
424; Sim; 142; Spencer, 480; Stuart, 92; Stenger, 206; Sti- 
vers, 80; Stringer, 76; Stuckey, 130; Sullivan, of Scott, 170; 
Sullivan of P. & V., 480 ; Thatcher, 53 ; Trusler, 130 ; Upson, 
360; Veach, 124; Weikel, 300; Welch, 240; White, 48; Wood- 
ruff, 164; Wright, 456; Woods, 390; Zeigler, 425 ; Mr. Speaker, 
180. 

Which was concurred in. 

Mr. Henricka offered the following resolution : 

Besolved, That the Speaker of the House be authorized to appoint 
a cleik for himself, to date from the first of the session. 
^Vhich was a screed to. 

On motion by Mr. Groves, 
The House" adjourned. 



104 



H • • 2 CLOCK, p. M. 

The House met. : , 

Mr. Woods moved that Joint Resolutions No. 3 and No. 4 be 
taken from the table, and placed on the files. 
Which was agreed to. 

House bill No. 107. A bill to amend sections 30, 42, 45 and 54 
of an act entitled " an act for the incorporation of Insurance Compa- 
nies, defining their powers, and prescribing their duties, approved 
June 17, 1852." , , 

On motion by Mr. Woods, 
The bill was laid on the table, and one hundred copies ordered to 
be printed for the use of the House. 

House bill No. 121. A bill to cure defective acknowledgments of 
deeds in certain cases. 

Was read a third time. : 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Brown, 
Burnes, Burton, Burwell, Chambers, Church, Coffroth, Collins, Cow- 
gill, Cox, Croan, Crook, Davidson, Ferris, Foulke, Glazebrook, Glea- 
son, Goodman, Gregory of Montgomery, Gregory of j Warren, Grif- 
fith, Groves, Hamrick, Harrison, Henricks, Hershey, Hogate, Hoo- 
ver, Howard, Humphreys, Hunt, James, Kilgore, Lane, Lasselle, 
Lee, Lemon, Litson, Lockhart, Lopp, Major, Meredith, Montgomery, 
McVey, Newcomb, O'Brien. Olleman, Osborn, Patterson, Perigo, 
Pinney, Reese, Rhoads, Rice, Richards, Roach, Sabin, Shoafi" of 
Allen, Sboaif of Jay, Shuey, Sim, Stuart, Stenger, Stivers, Stuckey, 
Sullivan of Scott, Sullivan of P. & V., Thatcher, Veach, Weikel 
Welch, White, Woodruff, Wright, Woods, Zeigler and Mr. Speaker 
—83. 

Those who voted in the negative were, 
Messrs. Prather, Richardson, Riford, Stringer and Upson — 5. 



105 

So the bill passed. 

The question being, shall the title, as reported, stand as the title to 
said bill ? 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passngc of the 
said bill. 

Message from the Governor, by Mr. Jacobs, his Private Secretary. 

Gentlemen of the House of Representatives : 

I regret to have to announce to you that ill health compels me for 
a time to withdraw from the discharge of official duties. I am 
advisee! by my physicians, and by my own knowledge of the condi- 
tion of my health, that I cannot safely continue in the performance 
of the labor incident to the Executive Office, and that rest, a chr-nge 
of climate and locality is necessary to my recovery. The duties of 
the office during my absence will devolve upon Lieutenant Governor 
Baker, and I need not say to you that they cannot be placed in abler 
or safer hands. I have known him long and well, and can testify 
that in every department of life in which he has been placed, he has 
acquitted himself with distinguished ability, fidelity, and devotion to 
the cause of his country. 

I hope and believe that your session will prove alike honorable to 
; yourselves, and profitable to the State. It has begun under favora- 
ble auspices, and gives promise of being one of the most laborious 
and useful General Assemblies which has convened in this State for 
many years. For the kindness and consideration you have shown to 
me, on all occasions, I return you my grateful thanks. And for 
your health and prosperity, each and all, accept my most earnest 
wishes. 

- 0. P. MORTON, 

Governor of Indiana. 

j House bill No. 123. A bill to declare forfeited the right of way 
of certain Piailroad Companies to branch roads, no part of which 
has been completed, and upon which no work has been done for ten 



106 

years, and declaring that the right of way aforesaid shall revert to 
thv'^ land owners along the route thereof. 

Was read a third time and 
On motion by Mr. Olleman, 

Was laid on the table. 

Mr. Brown in the Chair. 

House bill No. 135. A bill to amend the six hundred and fifty- 
first section of the act entitled " an act to revise, simplify anc 
abridge the rules, practice, pleadings and forms in civil cases in the 
Courts of this State ; to establish distinct forms of action at law. 
and to provide for the administration of justice in a uniform mode ol 
pleadings and practice, without distinction, between law and equity,' 
passed June 18, 1852. 

Was read a third time. 

By unanimous consent, the word "Sentinel" was stricken out o 
the bill wherever the same occurred, and the word " Herald " insertei 
instead thereof. 

The question being, shall the bill pass ? 

Those who voted in the aflBrmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Branham, Browc 
Burnes, Buskirk, Caldwell, Chambeiis, Church, Cowgill, Cox, Crook 
Davidson, Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregor; 
of Montgomery, Gregory of Warren, Groves, Hamrick, Hargrov< 
Harrison, Henricks, Hershey, Higgins, Hogate, Howard, Humphrey? 
Hunt, Lane, Lee, Lemon, Litson, Lopp, Major, Meredith, McVej 
Newcomb, O'Brien, Osborn, Patterson, Perigo, Pinney, Prathei 
Rhoads, Rice, Richardson, Riford, Roach, Sabin, Shoaff of AUei 
Shoaff" of Jay, Shuey, Sim, Stuart, Stenger, Stringer, Stucke;; 
Sullivan of P. & V., Thatcher, Upson, Veach, Weikel, Welci 
White, Woodruff, Wright, Woods and Zeigler— 74. 

Those who voted in the negative were, 

Messrs. Boyd, Burton, Burwell, Collins, Croan, Grifiith, Hoove 
James, Kilgore, Lane, Olleman, Reese and Richards — 13. 

So the bill passed. 



107 

Mr. Shuoy moved to amend the title by striking out the word 
'bill" and inserting that of " act." 
Which was agreed to. 

The title, as amended, was adopted. 

Ordered, That the Clerk inform the Senate of the passage of said 
.ill. 

House bill No. 148. A bill to amend the 22d section of an act 
ntitled " an act defining misdemeanors and prescribing punishment 
herefor," approved June 14, 1852, 

Was read a third time and 
On motion by Mr. Harrison, 

Indefinitely postponed. 

\ ' 

House bill No. 138. A bill to amend an act entitled "an act to 
n-ovide a Treasury System for the State of Indiana for the manner 
>f receiving, holding and disbursing the public moneys of the State 
md the safe keeping of public moneys," passed March 1, 1859, 
ipproved March 5, 1861. 

By unanimous consent, the word " Sentinel " was stricken out 
vherever the same occurred, and that of "Herald" inserted in lieu 
hereof. 

The question being, shall the bill pass ? 
I Those who voted in the affirmative were. 



Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Burnes, 
jurton, Buskirk, Caldwell, Church, Collins, Cox, Croan, Crook 
Oavidson, Foulke, Glazebrook, Goodman, Gregory of Warren, 
jjrriffith, Hargrove, Henricks, Hershey, Howard, Humphreys, Hunt, 
juasseile, Lockhart, Lopp, Major, Meredith, O'Brien, Osborn, Perigo, 
Pinney, Prather, Rhoads, Rice, Richards, Richardson, Roach, Shoaff 
)f Allen, Shoaff of Jay, Sim, Stenger, Stuckey, Sullivan of Scott, 
;rhatcher, Weikel, White, Woodruff, Wright and Mr. Speaker— 53. 

Those who voted in the negative were, 

Messrs. Branham, Chambers, Cowgill, Ferris, Gregory of Mont- 
,5omery, Groves, Hamrick, Higgins Hoover, James, Lane, Lemon, 



108 

Litson, Miller, Montgomery, McVej, Newcomb, Olleman, RecS' 
Riford, Shuej, Stuart, Stringer, Sullivan of P. & V., Upson, Veac!^ 
Vv'elch, Woods and Zeigler — 29. 

Mr. Church moved to reconsider the vote just taken on said bill. 
AVhich was agreed to. 

The question again being, shall House bill No. 13S pass ? 

Those who voted in the affirmative were, * 

Messrs. Bird, Bonner, Boyd, Burton. Buskirk, Cox, Davidsoi 
Goodman, Gregory of Warren, Griffith, Hargrove, Harrison, He: 
ricks, Howard, Humphreys, Hunt, O'Brien, Osborn, Perigo, Pinne 
Richards, ShoafF of Allen, Shoaff of Jay, Stenger, Stivers, Stucke 
Sullivan of Scott, White, Weikel and Wright— 30. 

Those who voted in the negative were, 

I 
Messrs. Abbott, Atkinson, Branham, Brown, Caldwell, Chamber 

Church, Collins, Cowgill, Croan, Crook, Ferris, Foulke, Glazebroo 

Gleason, Gregory of Montgomery, Groves, Hamrick, Hershey, Hi 

gins, Hoover, James, Kilgore, Lane, Lemon, Lockhart, ■ Litso 

Major, Miller, Montgomery, McVey, Newcomb, Olleman, Prath( 

Reese, Rhoads, Richardson, Riford, Sabin, Shuey, Sim, Stua:, 

Stringer, Sullivan of P. & V., Upson, Yeach, Welch, W^oodri 

Woods, Zeigler and Mr. Speaker — 51. 



So the bill was lost. 

House bill No. 81. A bill to amend section 2d of an act cntitl 
" an act to enable the owners of wet lands to drain and reclaim the 
when the same cannot be done without affecting the lands of others 
approved March 7, 1863. 

Was read a third time, and. 
On motion by Mr. Collins, 

Laid on the table. 

, . . " ■ i . 

House bill No. 141. A bill to give Circuit and Common Pk 
Judges additional powers in civil and criminal cases, during vacatic 
Was read a third time. 

The question being, shall the bill pass ? ■ ' 



I 



109 

Those who voted in the affirmative were, 

Messrs. Abbett. 13ir<l, Brown, Buskirk, Chambers, Church, Croan^ 
erris, Goodman, Griffith, Harrison, Hoover, Howard, Huniplirejs, 
asselle, Litson, Montgomery, Newcomb, Finney, Rhoods, llichard- 
m, Shoaff of Allen, Stenger, Wright and Mr. Speaker — 25. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Boyd, Burnes, Caldwell, Collins, Cow- 
ill, Cox, Crook, Davidson, Foulke, Glazebrook, Gleason, Gregory 
■ Montgomery, Gregory of Warren, Groves, Hamrick, Hargrove, 
'enricks, Hershey, Higgins, Hunt, James, Kilgore, Lane, Lemon, 
opp, Major, Miller, McVey, O'Brien, Olleman, Osborn, Perigo, 
rather, Reese, Riford, Roach, Sabin, Shoaff of Jay, Shuey, Sim, 
tuart. Stivers, Stringer, Stuckey, Sullivan of P. & V., Upson, 
each, "VYcikel, Welch, White, Woodruff, Woods and Zeigler — 55. 

J So the bill was lost. 

! Mr. Buskirk offered the following resolutions : 

' Jiesolved, That we have learned with unfeigned regret that his 
'xcellency, Gov. 0. P. Morton, has been compelled by severe indis- 
bsiiion to withdraw for a time from the arduous duties of Executive 
.' our State, and to seek a restoration of healtli in a temporary 
jsence. ^ . . 

Jiesolved, That we deeply sympathize with him in his afHiction 
id confidently trust tha.t he may be speedily restored to his accus- 
raed health, and that at an early day he may resume again his 
Bcial connection with us as Chief Magistrate of our State. 

Jiesolved, That the concurrence of the Senate is hereby requested. 

liesolved, That a certified copy of the above resolutions be deliv- 
red to His Excellency before his departure from the State. 
Which was unanimously adopted. 



Ordered, That the Clerk inform the Senate thereof. 

I 

■ Mr. Henricks offered the following resolution ; 

Resolved, That when the House adjourn at or before noon to-inor- 
)W, it will adjourn until Tuesday morning at 9 o'clock. 



110 

Mr. Brown offered the following amendment : 

When the House adjourn to-morrow, it do adjourn, till 2 o'cloci 
on Monday. ■ • -iU^L. ^>..: 'iifi^u ^ 

Which was agreed to. 

The resolution, as amended, was agreed to. 

The Speaker announced the following Committee, under the reso; 
lution of the House on the subject of the Soldiers' Home : 

Messrs. Newcomb, of 6th District, Chairman. , . 

" Wright, of 1st „ 

" Howard, of 2d " 

, ~ " Richards, of 3d " : .. , 

" Stuart, of 4th '' . '■ \. 

" Kilgore, of 5th " 

" Hamrick, of 7th " 

" Eoach, of 8th " 

" Henricks, of 9th " 

" Shuey, of 10th " 

" Coffroth, of 11th " , . 

Leaves of absence were granted to Messrs. Johnson and Trusle 
till Tuesday next. 

The Speaker announced the following Joint Committee on Resok 
tions of House of Representatives, Nov. 17, 18G5 : 

Messrs. Cowgill, Coffroth, Henricks, and Shoaff of Jay. j 

The Speaker (Mr. Higgins in the Chair), announced the followir 
Committee on House bill 15G, heretofore ordered by the House. 

Messrs. Pcttit, Church, Shoaff of Jay, Humphreys, Gregory < 
Montgomery. ^ , . , * 

Mr. Burton, from the Committee on Enrolled Bills, made the fo; 
lowing report : 

Mr. Speaker: -■- ■- 

The Committee on Engrossed Bills, to whom were referred Ei 
grossed bills Nos. 173, 189, 184, 185, 41, 168 and 196, have exar 



Ill 

ined the same, and have directed me to report said bills to the House 
as correctly engrossed. 

Oil motion by Mr. Kilgore, 
The House iidjourned. 



SATURDAY MORNmG, 9 o'clock, "? 
November 18, 18G5. j 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, Avhen the following 
(members answered to their names : 

Messrs. Bird, Bonner, Boyd, Buskirk, Caldwell, Church Collins, 
Cowgill, Crook, Davidson, Ferris, Foulke, Glazebrook, Gleason, 
Goodman, Gregory of IMontgomery, Gregory of Warren, GritHth, 
'Groves, Hargrove, Harrison, Hershey, Higgins, Hogate, Hoover, 
Humphrey, Hunt, James, Kilgore, Lane, Lemon, Litson, Lopp, Ma- 
jor, Meredith. Miller, McVey, Newcomb, O'Brien, Osborn, Perigo, 
Pinncy, Reese, Rhoads, Rice, Richards, Richardson, Riford, Roach, 
Sabin, Shuey, Sim, Stenger, Stuckey, Sullivan of Scott, Sullivan of 
,P. & v., Upson, Veach, Weikel, Welch, White Wright, Woods, Zeig- 
ler and Mr. Speaker— 67. 

' The further call was dispensed with. 

The Clerk proceeded to read the Journal, wlien, 

On motion by Mr. Newcomb, 
The further reading thereof was dispensed with. 

! The Journal of yesterday was approved. * 

I Mchsage from the Senate by Mr. Wilson, their Secretary : 

Mr. Speaker : 

I am directed by the President of the Senate to inform the House 



112 

that the Senate has passed the following concurrent resolution of 
the House, to-wit : 

Be it resolved hy the House of Representatives, {the Senate concur- 
ring) thiit that portion of the Governor's Message ;.,'hich refers to 
the Public Debt, be referred to a Joint Committee of both Houses, 
to consist of the Committee on Ways and Means, on the part of the 
House, to -which four members shall be added, and the Committee of 
Finance on the part of the Senate, to which tv/o members shall be 
added, and that said committees shall have power to send for persons 
and papers. 

I am also directed by the President of the Senate, to inform the 
House that the Senate has passed the following engrossed bills there- 
of, to-wit ; 

Engrossed Senate bill No. 202, entitled " an act making specific 
appropriations from the Treasury ;" also Engrossed Senate bill No. 
106, entitled "an act concerning the writ of Habeas Corpus ;" in 
which the concurrence of the House is respectfully requested. 

Also, that the Senate has passed the following, House bill No. 
199, entitled "an act to provide for the distribution of the interest 
on the School, Sinking and Tiust Funds, of this State, held for the 
support of common schools ; to repeal all laws in conflict, and 
declaring an emergency." 

"With the following engrossed amendments thereto, to-wit : 

Striking out the word " funds " in section 1, and inserting therein ' 
the word " eevenues ; " also, in the title of said bill, after the word 
" conflict/' by adding the word " therewith," in which the concur- 
rence of the House is respectfully requested. 

Also, that the Senate has concurred in the following resolutions of 
the House, to-wit : 

Resolved, That we have learned with unfeigned regret, that his 
Excellency, Gov. 0. P. Morton, has been compelled by severe indis- 
position to withdraw for a time from the arduous duties of Executive 
of our State, and to seek a restoration of health in a temporary 
absence. 

Resolved, That we deeply sympathize with him in his affliction, 



I 



lis 

and confidently trust that he may be speedily restored to his accus- 
tomed health, and that, at an early day he may resume again his 
official connection with us as Chief Magistrate of our State, 

Resolved, Tha,t the concurrence of the Senate is hereby requested. 

Resolved, That a certified copy of the above resolutions be deliv- 
ered to his Excellency before his departure from the State. 

PETITIONS, MEMORIALS AND REMONSTRAN€ES, 

By Mr. Foulke : 

A petition from citizens of Wayne county on the subject of Tem- 
perance. 
Referred to the Committee on Temperance, without reading. 

By Mr. Sim : 

A petition on the same subject, from citizens of Wayne county. 
Which was referred to the Committee on Temperance, without 
reading. 

By Mr. Coxt < , 

A petition on the same subject, from citizens of Henry county. 
Referred to Committee on Temperance, without reading. 

By Mr. Cox ^ 

Sundry petitions from citizens of Pulaski county, on the same 
ubject. 
Referred to Committee on Temperance, without reading. 

By Mr. Kilgore : 

A petition on the same subject, from citizens of Delaware county. 
Referred to Committee on Temperance, without reading. 

By Mr. Abbett : 

A memorial from the Commissioners of Bartholomew county, ask- 
,ag a modification of the law " for the relief of the families of sol- 
iers, seamen, marines, &c.," approved March 4, 1865. 

Which was referred to the Committee on the Judiciary, without 
'eading. 

H. J.— 8 



114 

Bj Mr. Bird:: " ■'■ '-^ , - ~- . , . '■,.:,,"■ 

A memorial on the same subject, from the Commissioners of Allen 
county. 

Referred to the Com-mittee on the Judiciary, without reading. 

By Mr. Atkins oy. : ■ , ' 

A memorial from the Commissioners of White county, on the 
aarae subject. 

Referred to the CommitteTe on the Judiciary, without reading. 

By Mr. Kiigare : 

A memorial from the Commissioners of Delaware county, on th®, 
same sabjest. 

Referred to the Committee on the Judiciary. 

Message from the Governor, by Mr. Jacobs, his Private Secretary : 
Mr. Speaker: i 

I am directed by the Governor to inform your honorable body 
that he has approved and signed House bill No. 59, entitled " ac 
act to authoriz€ railroad companies to occupy and use foi 
railroad purposes the property of canal companies with their con- 
sent, and to secure them in such occupation ana use, and for th( 
protection of the hydraulic powers of such canal ; and to authoriz( 
the lessees of the wate/ privileges, in said canal, to organize ; 
company or companies for the maintenance thereof, in case of thi 
failure of said canal company to maintain the same," and that th 
aame has been deposited in the office of the Secretary of State. 

The Speaker announced the following select committee on Stat 
apportionment, under resolution reported by Committee of* th 
Whole House : 

Messrs. Church, 9th district, Chairman ; Richardson-, 1st district 
Groves, 2d district ; Boyd, 3d district ; Stenger, 4th district ; Tru 
ler, 5th district; Olleman, 6th district; Veacb, 7ih district; Stringe 
8th district ; Shcaff -of Allen, 10th district ; Stivers, 11th district. 

Mr. Newcomb,- from the Committee on the Judiciary, made tl 
foHowiBg report : 



115 

Mr. Speaker : 

The Committee on the Judiciary, to whom v/as referred House 
bill No. 147, entitled " a bill to enable the Board of Directors of 
incorporated Turnpike Companies to change the time of holding the 
election of Directors," have had the same under consideration and 
have instructed me to report the same back with the followin^^ 
amendment, and when so amended to recommend its passage. 

Amend by adding to the last clause of the bill the following : 

" Provided, That such time shall not be fixed more than ninety 
days beyond the time now designated for such election in the act or 
acts of incorporation under which such Turnpike Company exer- 
cises its corporate powers." , .. ,,,,.• • ,i 

On motion by Mr. Buskirk, 

Said bill and report were laid on the table. .j..,, , .^ ,. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report: 

Mr. Speaker: <■■ ■■>!.'):>■ • '^i^-nr^ ;• ;: ■!);<,.■ ,'. 

The Committee on the Judiciary, to whom was referred House 
bill No. 35, entitled "a bill to prevent county officers and their 
deputies from practicing law during their term of office, and pre- 
scribing penalties therefor," have had the same under consideration, 
and direct me to report the same back with a recommendation that 
lit be indefinitely postponed, the subject matter of the bill having 
been embodied in an act passed at the last session of the General 
Assembly. 

The report was concurred in and House bill No 35 wag indefinitely 
postponed. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report: ' 

Mr. Speaker : ■•■•-•... 

I 

The Committee on the Judiciary, to whom was referred House 

;bill No. 28, entitled " an act to exempt soldiers in the service of the 

United States from the payment of a poll tax," have had the same 

under consideration, and inasmuch as the subject matter of the bill 



116 

was legislated upon at the last session of the General Assembly, 
they recommend that the bill be indefinitely postponed. 
Which was concurred in. 

Mr. Gregory of Warren, from the Committee on Education, made 
the fallowing report : v 

Mr. Speaker: , : • 

The Committee on Education, to whom was referred House bill 
No. 208, have had the same under consideration, and a majoriry of 
said committee have directed me to recommend the following amend- 
ment to said bill, and when so amended recommend the passage of 
the same. 

After the words " provided always," in the 18th line of the 4th 
page, amend so that the same shall read as follows, to-wit: 

" That the school trustees shall make provision for the education 
of the colored children in their respective townships, towns and 
cities. And in any case wherein fifteen or more colored children 
have been or can be enumerated for one school house, said trustees 
shall provide a separate school for said colored children unless they 
are, or can be, otherwise provided for, and that for the maintenance 
and support of such schools, they shall be entitled to their equitable 
portion of the school revenue. And it is hereby made the duty of 
each trustee in every township, town and city of the State, to take 
an enumeration of the colored children therein, between the ages of 
si.x and twenty-one years, under the same rules and regulations as 
is prescribed in the fourteenth (14) section of the act to which this 
is an amendment for the enumeration of the white children of the 
State. 

The report was laid on the table. 

Mr. Major, from the Committee on Fees and Salaries, made the 

following report : 

.... I 

Mr. Speaker : . , , . ' 

The Committee on Fees and Salaries, to whom was referred House 
Bill No 114, beg leave to report that they have considered the same, 
and have directed me to report it back, recommending its indefinite 
postponement. 

The report was concurred in, and the bill indefinitely postpnocd. 





117 

BILLS INTRODUCED. 

Bj Mr. Meredith : 

House bill No. 219. A bill to repeal sections 43 and 44 of an act 
entitled " an act prescribing who may make a will, the effect thereof, 
what may be devised, regulating the revocation, admission to pro- 
bate, and contest thereof, approved May 31, 1852." 

Which was read a first time, and referred to the Committee on the 
Judiciary. 

By Mr. Buskirk : '■ ' ' - 

House bill No. 220. A bill to amend the 14th section of an act 
entitled " an act to limit the number of Grand Jurors, and to point 
out the mode of their selection, defining their jurisdiction, and re- 
pealing all laws inconsistent therewith," so as to give the Grand 
Jury concurrent jurisdiction with the courts of Common Pleas, and 
Justices of the Peace, of misdemeanors, except in cases where the 
5ne cannot exceed three dollars. 

, Which was read a first time, and passed to a second reading. 

By Mr. Gregory of Warren : 

House bill No. 221. A bill to amend the 17th section of an act 
jontaining several provisions regarding landlords, tenants, lessors 
md lessees, approved May 20, 1852. 

Was read a first time, and referred to the Committee on the Judi- 
ciary. 

By Mr. Newcomb : 

House bill No. 222. A bill extending the time for the redemption 
if real estate sold by the Commissioners of the Sinking Fund, upon 
Qortgages to the State of Indiana, on behalf of said Fund ; and pro- 
dding for notices to be givea the mortgagors or their heirs or 
'ssigns, in cases where such real estate sales have been made. 

Was read a first time, and referred to the Committee on Sinking 
Tund. 



118 

By Mr. Cox : 

■| 
House' bill No. 223. A bill to prevent the killing of birds. 

Was read a first time, and referred to the Committee on Agricul- 
ture. -,' ^ , . .,' . _ , ' , . " ■, r • ' ' 

ByMr.Burncs: '■■•••":'- • ' -_ ■■ ■■"■*■• 

House bill No. 224. A bill to regulate the docket fees of prose- 
cuting attorneys in the Circuit Courts, and district attorneys in the 
Courts of Common Pleas, and before justices of the peace, and to 
repeal all former laws contravening the provisions of this act, and 
declaring an emergency. 

Was read a first time, and referred to the Committee on Fees and 
Salaries. . . . . 

By Mr. Rice : :' = 

House bill No. 225. A bill to amend section 1 of an act entitled 
" an act to enable illegitimate children to inherit in certain cases," 
approved February 10, 1853. 

Was read a first time, and referred to the Committee on the Judi- 
ciary. 

Mr. Coffroth offered the following resolution : 

Resolved, That the Committee on the State Prison (North) be in- 
structed to inquire into the expediency of fixing by law the distances 
from the respective counties to said prison, whereby the mileage of 
sheriffs in conveying convicts shall be determined, and to report by 
bill or otherwise. 

Which was agreed to. \ ; ' 

Mr. Rhoads moved to suspend the order of business, and take up 

House bill No. 199. 

Which was agreed to. ' j 

1 
House bill No. 199. A bill to provide for the distribution of the 

interest on the School, Sinking and Trust Funds of this State, held 

for the support of Common Schools, to repeal all laws in conflict 

therewith, and declaring an emergency. 



110 

Was taken up, and the following engrossed amendments of the 
Senate were read and concurred in : 

Strike out the word "funds," in section 1, and insert therein the 
word " revenues." 

AIeo, in the title of said bill, after the word *' conflict," add the 
word *' therewith." 

Mr, Coffroth .moved ta suspend the order of business and take up 
Senate bill No. 202. . 

Which was agreed to. ,•..•• 

Senate bill No. 202. A bill making & specific appropriation from 
the State Treasury. 

Was taken up and read a first .time. • , ^ ,. , 

Mr. Coffroth moved that it be deemed expedient to suspend the 
"Constitutional rule requiring bills to be read on three several days, 
and said bill be read a second and a third time now. 

The ayes and noes were taken under the Constitution- 

Those wTio voted in the affirmative were, ' ,, 

Messrs. Abbett, Atkinson, Bird, Boyd, Brown, Burns, Buskirk 
Caldwell, Chambers, Churcih, Coffroth, Collins, Cowgill, Cox„ 
Orook, Davidson, Ferris, Foulke, Glazebrook, Gleason, Good- 
man, Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Hamrick, Hargrove, Henricks, Ilershey, Ilogate, Hoover, 
Howard, Humphreys, Hunt, James, Kilgore, Lane Litson, Lemon, 
Lopp, Major, Miller, Montgomery, McVey, Newcomb, O'Brien, Olle- 
man, Osborn Patterson, Perigo, Pinney, Reese, Rhoads, Rice, Ri-ch- 
ards, Riford, Roach, Sabin, Shoaff of Allen, Shuey, Stringer, Stuckey, 
Sullivan of P. <fc V., Upson, Veach, Wei k el, Welch, White, Wright, 
Woods, Zeigler and Mr. Speaker — 73. 

So it was deemed expedient to suspend said Constitutional rule, 
and Senate bill No. 202 was read a second time. 

Mr. Newcomb moved that .the bill be referred to the 'Committee on 
Ways add Means. 



120- 

Mr. Kilgore moved to lay said motion on the tdM&, > 
Whidi was agreed to. 

Mr. Newcomb offered the following amendments : 

Provided, further, That it shall n&t be lawful for the Auditor of 
State to draw his warrant in favor of any employee of either House 
of the General Assembly for any per diem or other compensation 
allowed by a resolution of such House, when the sum so allowed ex- 
ceeds the amount provided by law. 

Further amend by allowing the Clerks and their assistants five 
dollars per day each, and th© Principal Doorkeepers five dollars per 
day each. 

Mr. Kilgore moved to lay the amendments on the table. 

Messrs. Newcomb and Montgomery demanded the ayes and noes. 

Those who voted in the afBrmative were, 

Messrs. Abbett, Bird, Bonner, Brown, Burnes, Burwell, Buskirk, 
Caldwell, Chambers, Church, Coffroth, Collins, €'ox. Crook, David- 
son, Ferris, Glazebrouk, Goodman, Gregg, Gregory of Warren, Grif- 
fith, Hamriek, Hargrove, Hershey, Hoover, Humphreys, Hunt,, 
James, Kilgore, Lane, Lemon, Litson, Lopp, Meredith, O^Brien,^ 
Osborn, Patterson, Perigo, Pinney, Reese, Richards, Roach, Shoaff . 
of Allen, Shuey, Stuckey, Veach, Welch, White Woods and Zeigler 
—49. . ' j 

Those who voted in the negative were, i 

Messrs. Atkinson, Boyd, Cowgill, Foulke, Gleason, Gregory of 
Montgomery, Groves, Harrison, Higgins, Hogate, Major, Miller, 
Montgomery, McYey, Newcombj Olleman, Rhoads, Rice, Riford, 
Sabin, Stringer, Sullivan of P. c% Y., Welch, White, Wright and 
Zeigler— 25. 

So the amendments were laid on the table. ' ' 

So Senate bill No. 202. waa read a third time. 



121 

The questfon being, shall the bill pass 't 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Boyd, Brown, Burnes, BurweiT,, 
Buskirk, Caldwell, Chambers, Church, CofFroth, Collins, Cox, Crook, 
Davidson, Ferris, Glazebrook, Goodman, Gregg, Gregory of Warren, 
Griffith, Hamrick, Hargrove, Henricks, Hershey, Hogate, Hoover, 
Humphreys, Hunt, James, Kilgore, Lane, Lemon, Litson, Lopp,, 
O'Brien, Olleman, Osborn, Patterson, Perigo, Pinney, Reese, Rich- 
ards, Roach, Sabin, Shoaff of Allen, Shuey, Stuckey, Veaeh, Weikely 
White, Wright, Woods and Zeigler — 55. 

' Those who voted in the negative were, 

Messrs. Cowgill, Gleason, Gregory of Montgomery, Groves, Hig- 
gins. Major, Miller, Montgomery, McVey, Newcomb, Rhoads, Rice? 
Stringer, Welch and Mr. Speaker — 15. 

So the bill passed. 

The question being, shall the title, as reported, stand as the title 
to said bill ? 

It was agreed to. 

Ordered, That the Clerk inform the Senate of the passage of sai^ 
bill. 

HOUSE BILLS ON SECONI> READING. 

House bill No. 210. A bill to fix the time of holding the Court of 
Common Pleas in the county of Grant, and repealing all laws in con- 
flict herewith. 

Was read a second time, and passed to a third reading. 

Joint Resolution No. 17. A Joint Resolution amendatory of sec- 
tion 9, article 4, of the Constitution of the State of Indiana, so as to 
provide for annual sessions of the General Assembly. 

Was read a second time. 

f 

Mr. Stringer moved to commit the Joint Reaolution to the Com- 
mittee on the Judiciary. 



122 

Pending which, . ' 

On motion by Mr. Shuey, 
The House adjourned till Monday next at 2 o'clock, P. M. 



MONDAY, ^ o'clock, p. m. 
November 20, 1865. 



The House met. 



Mr. Buskirk in the Chair, by the request of the Speaker, and bj 
"the consent 'of the House. 

On motion by Mr. Olleman, 
The reading of the Journal was dispjensed witk, 

PETITIONS, MEMORIALS AND REMONSTRANCES, 
By Mr. Cxi^a^ves: 

A memorial from the Commissioners of Perry County, asking a 
modification of the law in relation to the relief of the families of sol- ; 
diers, s^eamen, marines, etc., approved March 4, 1865. » 

Which was referred to the Committee on Ways and Means. ' 

By Mr. Sullivan, of Posey and Yanderburg : 

A memorial from the Commissioners of Vand-erburg County, on 
ihe same subject. 

Which was referred to the same committee. 

By Mr. Upson : 

A memorial from the Commissioners of Kosciusko county on th« 
•same subject. 

Referred to the same eommittee. 

By Mr. Bonner : 

A memorial from the Commissioners of Decatur couaty on the 
.•same subject. 

Referred to the same commrfctee. : ,, 



123 

By Mr. Hedricks : 

A petition for the relief of Ezekiel Green, County Treasurer of St. 
Joseph county. 

Which was referred to the Committee on Claims. 

By Mr. Sim : 

A petition from citizens of Pulaski county, on the subject of Tem- 
perance. 

Which was referred to the Committee on Temperance. 

By Mr. Richardson : 

A petition from sundry citizens of Pike county, praying for a 
change of the law licensing the sale of spirituous liquors. 
Which was referred to the Committee on Temperance. 

By Mr. Bonner : " • , . ■• 

A petition from the citizens of Decatur county, signed by James 
W. Craig and others, asking the repeal of the Black Lau's. 

Referred to the Committee on the Rights and Privileges of the 
Inhabitants of the State. 

By Mr. Abbett : ; , , 

A claim in favor of A. E. Vinton & Co., for three thermometers, 
three dollars. 
Which was referred to the Committee on Claims. 

By Mr. Chambers : 

A petition from sundry citizens of Henry county, on the subject 
of temperance. 

Which, on motion, was referred to the Committee on Temperance 

REPORTS FROM COMMITTEES. 

Mr. Major, from the Coommittee on Fees and Salaries, made the 
following report : 

Mr. Speaker: 

The Committee on Fees and Salaries, to whom was referred 



124 

House bill No, 190, entitled " an act to amend section eiglit of an 
act regulating the fees of officers and repealing former acts in rela- 
tion thereto," approved March 2, 1855, report that they have con- ■ 
sidered the same and recommend the following amendments : 

*'It is hereby made the duty of the County Commissioners of each 
of the several counties, of this State, at their regular sessions to 
count or estimate the number of words, counting three figures as 
one word contained in all records, copies and other writings made 
by the county auditors of their respective counties and for each one 
hundred words appearing in such writing, the county auditor shall 
receive 12^ cents." Amend the seventh line in said section so as to 
read : "Each county order one cent ;" and when so amended the 
committee have directed me to recommend its passage. 

Which was concurred in. 

Mr. Montgomery, from the Joint Committee on Enrolled Bills, 1 
made the following report ; 

Mr. Speaker : ' ' * 

The Joint Committee on Enrolled Bills would respectfully report 
that they have carefully compared engrossed House bill No. 199 
with the enrolled copies thereof, and find that the same is in all 
respects carefully and properly enrolled. , . , , 

Mr. Newcomb, from a Special Committee heretofore appointed on 
the Employees of the House, made the following report : 

Mr. Speaker: 

The Committee, to whom was referred the employment of assist- 
ants for the officers of the House, report that the Doorkeeper 
requests the employment of an additional assistant to carry mail 
matter to and from the post office, and it is represented that the 
folding Clerk needs assistance in his department. Your committee 
thinks that one man can perform the entire work of both persons, 
and recommend that the Doorkeeper be authorized to employ one 
assistant whose duty it shall be to transport the mail matter of this 
House to and from the post office, under the directions of the Door- , 



125 

keeper, and when not engaged in that duty he shall assist the fold- 
ing Clerk in his department. 
Which was concurred in. 

Mr. Sabin offered the following resolution : 

Resolved, That the Committee on Courts of Justice be instructed 
to inquire into the expediency of reporting a bill providing for the 
purchase and distribution of Gavin & Hord's Statutes, to justices of 
the peace, township trustees and such other officers as are entitled 
to receive the statutes of the State by the laws of Indiana. 

Which was agreed to. 

Mr. Hargrove oflfered the following resolution : 

Resolved, That the Committee on the Judiciary be hereby 
instructed to inqure whether or not the Legislature, of the State of 
Indiana, has the constitutional right or power to provide by law for 
levying and collecting a tax upon the bonds of the United States 
Government used in this State for banking purposes, or as bank 
stock ; and if so, that said committee be further directed to report a 
bill to this House to that end, thus placing such bonds upon the same 
footing with other property of the State in regard to the burdens of 
taxation. * 

W^hich was agreed to. 

Mr. Humphreys oiTered the following resolution : 

Resolved, That the Committee of Ways and Means be instructed 
to inquire into the expediency of so amending the law as to make 
United States Government Bonds held by persons in this State sub- 
ject to taxation, in the same manner and for the same purposes that 
other property is taxed, and that they report by bill or otherwise. 

Which was referred to the Committee on the Judiciary. 

JOINT RESOLUTIONS. 

By Mr. Gregg : 

House Joint Resolution No. 18. A Joint Resolution in relation to 
the taxation of United States Bonds, and other public securities. 
Which was read a first time and. 

On motion. 
Referred to the Committee on Federal Relations, 



126 
> Bj Mr. Gregg : i . ■ . '. ■. , '.■ - ' > 

House Joint Resolution No. 19. A Joint Resolution in relation to 
the taxation of United States Bonds and other public securities. 
Which was read a first time and, 

On motion, 
Referred to the Committee on Federal Relations. 

Message from the Governor, by Mr. Jacobs, his Private Secretary* 
with accompanying documents. 

To the Speaker of (he House of Representatives : 

Charles P. Jacobs, Esq., Private Secretary, is hereby authorized, 
as heretofore, to make Executive communications to the General 
Assembly. ' '■' 

The following message from the Lieutenant Governor, acting as 
Governor, by his Private Secretary, Mr. Jacobs, was received : 

To the Senate and House of Representatives : ' 

You have already been informed by His Excellency, the Gpvernor, 
of his inability, for the present, to discharge the duties of his office. , 
In assuming the duties devolved upon me by the Constitution, I can- 
not refrain from expressing my profound regret that the State should 
be, even temporarily, deprived of the services of an officer in whose 
wisdom and patriotism the people have such implicit confidence, nor 
from giving utterance to the hope for his speedy restoration to health 
and the performance of the duties to which he was called by the 
voice of his fellow citizens. Allow me here to express my ardent 
desire to co-operate with the General Assembly in all measures in- 
tended to promote the honor and prosperity of the State, and the 
welfare of its people. 

I beg leave herewith respectfully to submit the report of Dr. Wil- 
liam Hannaraan, President of the Indiana Sanitary Commission, set- 
ting forth a statement of the receipts and expenditures of the Com- 
mission from the 10th day of December, 1864, to November 10th, 
1865, and also showing the aggregate receipts and disbursements 
since its establishment. The Commission was organized in Febru- 
ary, 1862, and it will be seen from the report of the President now 
submitted that its cash receipts since that time amount to the sum of 



127 

two liaridred and six thousand six hundred and five dollars and 
twenty-six cents, while the contributions in stores and supplies, a^ 
their estimated cash value, amount to the further sum of three hun- 
dred and fifty-nine thousand dollars and three cents, making a grand 
total of ^5G5,105 29, of voluntary contributions by the people of In- 
diana, to administer to the comfort and supply the wants of c-ur sol- 
I diers. The cash expenditures of^ the Commission, during the same 
[ period, amount to the sum of ^•206,105 26, leaving a balance of cash 
i in the treasury of the Commission, at this time, of ^500, all the 
j stores and supplies contributed having been applied' as- contemplated 
\ by the contributors. This record is highly creditable to the human- 
ity, patriotism and justice of the people of this State. It was the 
I desire of Governor Morton to communicate to the General Assembly 
his high appreciation of the services of the gentlemen who have con- 
tributed 30 much of their time, energy and talents to the collection, 
management and distribution of these moneys and supplies, and I 
deeply regret that circumstances beyond his control prevented him 
( from properly acknowledging these services in his official capacity. 

I desire to say in this connection, that Dr. Ilannaman, the able 
and faithful President of the Commission, is entitled to the gratitude 
j and thanks of the people of the State, for the industry, prudence and 
fidelity with which he has presided over the operations of the Cora- 
mission since its organization. Alfred Harrison, Esq., the patriotic 
1 Treasurer of the Commission, is no less entitled to be held in grate- 
ful remembrance, for the ability and fidelity with which he has mait- 
! awed the funds of the Commission. The zeal, intellio;ence and indus- 
[ try of Chaplain John H. Lozier and Captain A. Atkinson, in com- 
! mending the cause of our brave soldiers to the sympathies of the 
people, and collecting eontribntions to the Sanitary work, are known 
throughout the State, and appreciated wherever known. To enu- 
merate all those who have devoted their energies to the furtherance 
of this groat work of beneficent justice, would exceed the limits pre- 
scribed for this communication ; but their labors will long be remem- 
bered by the people, and especially by the soldiers and their frienda. 
I also herewith submit the report of Dr. VVm. Hannaman, General 
Military Agent of the State, showing the condition and operations of 
all the Indiana Military Agencies established by the Governor, from 
December, 1864, to the present time. I especially commend this re- 
port to the careful consideration of the General Assembly, The 
good performed, and the suffering prevented or alleviated through 



12B 

the instrumentality of these agencies, cannot be too highly appre- 
<;iated. I respectfully recommend that provision be made for the 
-continuance of the Agency at Washington City, and for placing it on 
a permanent basis. The wants of our discharged soldiers, and the 
families of such as have given their lives to their country will proba- 
bly require such a central agency for several years. A necessity, 
also, in my judgment, exists, for the continuance, for th-e present, of 
an agency at Indianapolis. The small sum that it will cost the 
people of the State to continue these two agencies will foe a trifle 
in comparison to the large amounts which will be saved to the sur- 
viving soldiers of this State, and to the families of those who have 
died in the service, in the preparation and presentation of their claims 
Bgainst the Government, The few remaining agencies, as will be 
seen by the report above referred to, will soon be closed. 

I also herewith transmit to the General Assembly the memorial of 
the Board of Trustees of the Indiana Agricultural College, praying i 
for tbe passage of a Joint Resolution instructing our Senators and 
requesting our Representatives in Congress to use their influence tO' 
procure such a modification of the act of Congress as will enable 
States in which there are no public lands subject to entry, instead of' 
selling their land scrip, to enter lands therewith in any other States 
in which there may be Government lands subject to entry. Under 
existing legislation, if there is no public land subject to entry in the' 
State to which the scrip is issued, lands cannot be entered with the 
scrip in any other State, but the State to which the issue is made 
will be compelled to sell the scrip, in order to establish and endow 
the College. 

The object should be to realize from the munificent Congressional 
Donation for the establishment and endowment of Agricultural Col- 
leges in the several States, the largest possible amount. If the scrip 
is forced upon the market by all those States who, like Indiana, have 
no lands — or comparatively none — within their limits subject toi 
entry, the result will be the depreciation of the scrip, and to that ex- 
tent, the defeat of the object of the grant. With a proviso in the 
proposed amendatory act requiring any State entering lands with" 
scrip, in another State, to sell the same within a limited time, say 
five or six years from the date of entry, it is believed that no good i 
reason exists why the modification prayed for should not be granted. 

I, therefore, respectfully recommend the passage of a joint reso- 
lution instructing our Senators and requesting our Representatives , 

- - i 

I 



I . 129 ■ 

to use theii- influence to procure the passage of an araendatorv act, 
such as is prayed for in the memoria'^., with a proviso requiring the 
sale of the land within some reasonable time, as before su^f^ested. 
The Commissioner of the General Land OflBce had called the atten- 
tion of the Board of Trustees of the Indiana Agricultural College 
to the fact that, while the act passed at your last session, and 
[approved March 6, 1865, accepting the Congressional grant, contains 
Sa provision in the fifth section thereof authorizing the Treasurer of 
ithe Board of Trustees of the Indiana Agricultural College, under 
ithe direction of the Board, to sell the"' land scrip which might be 
^received under the Congressional grant ; no authority is conferred 
jto transfer <or assign the scrip which may be so sold. The General 
Assembly, in passing the act above alluded to, doubtless considered 
the power to ira-nsfer as incident to the power to sell, but to obviate 
all doubt on that subject, I respectfully recommend that the fifth 
section of the act accepting the grant be so amended as to expressly 
empower the assignment of the scrip when sold. To that end, I 
herewith respectfully submit for your consideration an amendatory 
bill, prepared under the supervision of the Board of Trustees of the 
Indiana Agricultural College. I am informed that the ma^rk^t is 
now glutted with land scrip issued to other States, and that the 
result|is that it is selling as low as fifty cents per acre. At these rates 
the scrip to which Indiana is entitled under the grant, representing, 
as it will, ^0,000 acres of land, would be entirely inadequate to the 
iccomplishment of the object in view. TTnder these circumstances, 
f a modification of tlie act of Congress so as to permit the entry of 
:and, as before suggested, can not be procured, sound policy mani- 
festly requires that the scrip which Indiana may receive should not, 
\)r the present, be put in market. 

I, therefore, recommend that the act of last session be further 
unended so as to prohibit the sale of any of the scrip for a limited 
:ime, to be named in the act, or that a price be designated below 
which it shall not be sold. 

I beg leave, also, to call the attention of the General Assembly to 
she fact that, by the fifth section of the Act of Congress approved 
July 2, 1862, the grant in aid of Agricultural Colleges is made sub- 
ect to the condition that any State which shall take and claim the 
jenefit of the provisions of that act shall provide within five years 
at least, not less than one college, as described in the fourth section 
)f the act, or the grant to such State shall cease, and said State 
H. J.— 9 



shall be bound to pay the United States the amount received of anj 
lands previously sold. As less than two of the five years remain 
within which a college must be provided to prevent a forfeiture, I 
respectfully suggest the propriety of an application to Congress for 
an extension of the time limited for the establishment of such college, 

COISRAD BAKER, 
Lieutenant Governor, acting as Governor,. 

BILLS INTRODUCED". , 

l!y Mr. Henricks : 

House bill No. 226. A bill requiring all property hereafter sold 
by virtue of any order of Court, or in pursuance of any process of 
law, to be sold without appraisement, and repealing all laws incon- 
sistent therewith. 

Which was read a first time, and, 
On motion, 

Referred to the Committee on the Judiciary. 

W^ ^Ir. Caldwell : 

House b-ill No, 227. A bill to amend the fifth dause of the 324th! 
section of an a-ct entitled " an act to revise, simplify and abridge 
the rules, practice, pleading and forms in civil cases in the Courts of 
this State ; to abolish distinct forms of action at law, and to provide 
for the administration of justice in a uniform mode of pleading and 
practice, without distinction between law and equity," approved June 

18, 1852. 

Which was read a first time, and referred to the Committee on the 

Judiciary. 

By Mr. Lasselle : ■ 

House bill No. 228. A bill to amend section eighty of an act 
eatitled " an act to revise, simplify and abridge the rules, practices, 
pleadings and forms in civil cases in the Courts of this State ; to 
y.bolish distinct forms of action at law, and to provide for the admin- 
istration of justice in a uniform mode of pleading and practice, 
without distinction between law and equity," approved June 18, 

1852. 

Which was read a first time, and referred to the Committee on the 

Judiciary. . ? : 



I 



131 

By Mr. Crook : 

House bill No. 229. A bill entitled " an act to authorize the 
County Boards of the several counties of this State to furnish 
dockets for the justices of the peace in their respective counties." 

Which was read a first time, and passed to a second reading. 

By Mr. Olleman : 

House bill No. 230. A bill to repeal section eighteen of an act 
entitled " an act to allow County Commissioners to organize Turn- 
pike Companies where three-fifths of the persons representing the 
real estate within prescribed limits, petition for the same and to 
levy a tax for its construction and provide for the same to be free." 

Which was read a first time and referred to the Committee on 
Corporations. ' ^ ■ 

By Mr. Lasselle : 

House bill No. 231. A bill to protect lawful public notices, and 
prescribing a penalty for injuries thereto. 
Which was read a first time, and passed to a second reading. 

By Mr. Henricks : 

House bill No. 232. A bill limiting the amount of passenger fare 
on railroads, and providing penalties for the violation of this act. 
Which was read a first time, and passed to a second reading. 

Mr. Prather moved, " 

That the House do now adjourn, 
Not agreed to, , 

Mr. Grifl&th, by consent, ofiered the following resolution : 

Resolved^ by this House, the Senate concurring, that the Clerk of 
.3ach Circuit Court be authorized to distribute the surplus Journals 
:)f the Senate and House, and Acts in his possession, giving to each 
Township Trustee, and each Justice of the Peace, one copy of each, 
md the balance as his discretion may indicate : Provided, that be 
reserves duplicate copies of each for his own oflBce. 
I Which was agreed to. 



132 

Message from the Governor, with accompanying documents, by 
Mr. Jacobs, his Private Secretary : 

To the Senate and House of Representatives : 

I herewith transmit to the General Assembly the report of the 
Board of Control of the Northern Indiana State Prison, with the 
accompanying reports of the Superintendent of Construction and the 
Warden of the prison. From the report of the Board of Control, it 
appears that a contract for the completion of the prison has been'i 
made, at a price which, according to the accompanying estimates oi 
the work to be done, will require .^179,747 59 ; which sum is in ex- 
cess of existing appropriations on account of construction, to the 
amount of $97,747 49. And for this last named amount, an appro- 
priation is asked by the Board. And a further appropriation is soli- 
cited by the Board of §30,000 for the erection of thekitchen, dining- 
room and hospital buildings of the Prison, and the still further sum 
of ^8,133 71 ; to discharge the debt of that amount accrued prior tc 
the 15th day of Nov., 18G5, on account of current expenses, making 
the aggregate amount asked to be appropriated, $135,921 20. 

"Whilst I have great confidence in the integrity and capacity of th( 
Board of Control, I am not sufficiently informed as to the past his- 
tory and present necessities of this Prison, to justify me in making 
any specific recommendation on the subjects embraced in the report 
I therfore commend the consideration of the report to the Genera 
Assembly, feelin,g assured that such measures will be enacted, an( 
such appropriations made, as the condition of our finances will justify 
and the public welfare may require. 

I also herewith respectfully transmit a copy of a communicatioi 
frotti Andrew Wallace, Esq., President of the Board of Trustees o 
the Benevolent Institutions, accompanied by a copy of the repor 
made to him by the Superintendent of the Indiana Institute for th 
Education of the Blind. No appropriation is asked for the Hospital 
but it will be seen by the report of the Superintendent of the Insti 
tute for the Blind, that the existing appropriations for the Institute 
for the Education of the Blind are largely insufiicient to meet cur 
r«.nt expenses, and to defray the cost of repairs which would seem t- 
be absolutely necessary to prevent a suspension of the operations o 
this institution, and I therefore earnestly recommend that, after in 
vestigating its condition and ascertaining its necessities, through th 
appropriate eommitteea, such appropriations be made as will enabl 



133 ' 

the Institute to continue the mission of mercy for which it was wisely 
established, 

CONRAD BAKER, 



w 



Lieutenant Governor, Acting as Governor, 



On motion, by Mr. Henricks, 
The accompanying reports were referred to appropriate commit- 
tee, and 200 copies of reports and messages ordered to be printed 
for use of the House. 

Mr. Chambers, by unanimous consent, offered the foIloAving reso- 
lution : , ( ' 

Whereas, The Journal Company have informed the members of 
this House that they will hereafter discontinue the publication of 
the brevier reports of this House ; 

And Whereas, The publication of the full proceedings of this 
House was a condition of our contract with said Company ; there- 
fore, 

Resolved, That the Doorkeeper be directed to rescind our con- 
tract with said Journal Company, and to make same contract with 
Gazette Company, provided said Company will agree to publish the 
brevier reports of this House in full. , , :. . , , , :. , 

Mr. Kilgore moved that the resolution be made the special order 
for to-morrow, at 10 o'clock, A. M. 

Mr. Cox moved to lay the resolution and amendments on the 
table. 

Mr. Hamrick moved the House do now adjourn. 
Which was not agreed to. 

The question being on laying on the table, Messrs Cox and Hen- 
ricks demanded the ayes and noes. 

I Those who voted in the affirmative were, 

i Messrs. Caldwell, Church, Collins, Cox, Davidson, Ferris, Gleason, 
(Goodman, Groves, Hamrick, Henricks, Howard, Hoover, Jame&, 

Major, Montgomery, McVey, Newcomb, Rhoads, Richardson, Riford,. 

Shoaff of Jay, Shuey, Sizn, Stuckey, Sullivan of Scott, Sullivan of 

P. & v., Upson, Weikel and Zeigler— 30. 



134 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Burnes, Buskirk' 
Chambers, Groan, Crook, Foulke, Gregg, GriflBth, Hargrove, Harri> 
son, Hogate, Humphreys, Hunt, Kilgore, Lasselle, Lee, Lemon.< 
Litson, Lopp, O'Brien, Olleman, Osborn, Patterson, Perigo, Prather 
Eeese, Pinney, Richards, Roach, Sabin, ShoajOf of Allen, Stringer 
Thatcher, Trusler, Veach, Welch, White, Woodruff, Woods and 
Wright— 44. 

So the motion did not prevail. 

The question being on making the resolution the special order o; 
the day for to-morrow. 
It was not agreed to. 

Mr. Kilgore moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Olleman moved that so much as refers to the Journal Com 
pany in second preamble, be stricken out. 
Which was accepted by the mover. 

Mr. Hamrick moved to lay the whole subject on the table. 
Which was agreed to. 

Message from the Senate by Mr. Wilson, their Secretay : 

Mr. Speaker: 

I am directed by the President of the Senate to present for youi 
signature, enrolled act No. 202, of the Senate, which is herewith 
respectfully submitted. 

On motion by Mr. Kilgore, 
The House adjourned. 



loo 



TUESDAY MORNINi 

November 



NG, 9 o'clock. \ 
21, 1865. J 

The House met pursuant to ajournmcnt. 



The Spcakei- ordered a cull of the House, when the following 
members answered to their names : 

Messrs. Atkinson. Bonner, Branham, Brown, Burnes, Caldwell, 
Chambers, Church, Collins, Cook, Cowgill, Cox, Croan Crook, David- 
son, Ferris, Olazebrook, Goodman, Gregg, Gregory of Warren 
Gregory of Montgomery, Griffith, Groves, Hargrove, Harrison 
Henricks, Hershey, Higgins, Hoover, Howard, Humphreys, Hunt 
James, Johnson, Kilgore, Lee, Lemon, Lockhart, Lopp, Major 
Milroy, Montgomery, O'Brien, Olleman, Osborn, Perigo, Pinncy 
Prather, Rhoads, Rice, Richards, Richardson, Riford, Sabin, Shuey 
Sim, Stringer, Stuckey, Sullivan of Scott, Trusler, Upson, Veach 
Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler and Mr„ 
■Speaker— 70. 

There being a quorum present, a further call of the House was 
-dispensed with. 

The Clerk proceeded to read the Journal, when, • - 

On motion by Mr. Cox, ■ 

The further reading thereof was dispensed with. 

The Journal was corrected and approved. 

The Speaker announced that he had signed engrossed House bill 
Ko. 199 ; also, engrossed Senate bill No. 202. 

Mr. Branham asked, and obtained leave of absence for the Com- 
mittee of Ways and Means during the sessions of the House. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr, Sim : 

A memorial from Indiana yearly meeting of the religious society 
of Friends, requesting that immediate steps be taken, according to 
the method laid down in the Constitution, to change those provisions 
■riherein which discriminate between men on account of their color, 



U6 

and urging the immediate repeal of the law prohibiting the childrea 
of negroes from the benefits of the common schools of the State. 

Which was read, and, 
On motion, 

Referred to the Committee on Rights and Privileges of the Inhabi- 
tants of the State. / 

By Mr. Rice : 

A memorial from Samuel Magill, Clerk of Park county, and Q.ther 
officers of said county, on the subject of temperance. 

Which, on motion, was referred to the Committee on Temperance, 

By Mr. Caldwell : 

A memorial from the Commissioners of Clinton county, asking the 
repeal of the " act for the relief of the families of soldiers, seamea 
and marines," approved March 4, 1865. 

Which, on motion, was referred to the Comraittee on Ways and 
Means. 

By Mr. Newcomb: 

A memorial from the Commissioners of Marion county, upon th^j 
same subject. 

Which, on motion, was referred to the same sommittee. 

By Mr. Henricks : 

A memorial from the Commissioners of St. Joseph county, upoa 
the same subject. 

Which, on motion, was referred to the same committee. 

By Mr. Woods : 

A memorial from the Commissioners of Lake county, upon the 
same subject. 

Which, on motion, was referred to the Committee on Ways and 
Means. 

By Mr. Cox : 

Several memorials from citizens of Wayne and Vigo counties, on 
the subject of temperance. 
Which, on motion, were referred to the Committee oa Temperance. 



137 

By Mr. Sim : 

A petition from sundry citizens of Wayne county, praying for a 
change in the law licensing the sale of intoxicating liquors. 
Which Avas referred to the Committee on Temperance. 

By Mr. Chambers : 

A petition from sundry citizens of Greensboro, Henry county^ 
praying for a change in the law licensing the sale of spirituous and 
malt liquors. 

Which was referred to the Committee on Temperance. 

REPORTS OF STANDINa COMMITTEES. 

Mr. Shuey, from the Committee on Temperance, made the follow- 
ing report; : 

Mr. Speaker : 

The Commttee on Temperance, to whom was referred House bill 
No. 218, entitled " an act to amend sections 3 and 4 of an act enti- 
tled ' an act to regulate and license the sale of spirituous, vinous, 
malt and other intoxicating liquors, to prohibit the adulteration of 
liquors, to repeal all former laws contravening the provisions of this 
net, and prescribing penalties for the violations thereof,' approved 
March 5, 1859, and prescribing penalties in case of second or subse- 
quent convictions,"' have had the same under consideration, and have 
instructed me to report the same back, with the following amend- 
ment: After the word "petitioners," in the 65th line of the 1st sec- 
tion, amend by inserting, " in the absence of other sufficient proof,'" 
and when so amended, recommend its passage. They also recom- 
mend that all pending amendments do lie on the table. 

Which, on motion. 

Was laid on th& table. 

Mr. Montgomery, from the Committee on Temperance, made the 
folloAving report : 

Mr. Speaker : 

The Committee on Temperan^, to whom was referred House bill 
No. 33, entitled " a bill to amend the eighth section of an act to reg- 



138 

\2late and license the oale of spirituoua, vinous, malt and other 
intoxicating liquors, to prohibit the adulteration of liquors, to repeal 
all laws contravening the provisions of this act, and prescribing pen- 
alties for violations thereof, approved March 5, 1859," have had the , 
same under consideration, and have instructed me to report the bill ! 
back with the following amendments, and when so amended, recom- 
mend its passage. 

Amend said bill by striking out in the 6th line of the latter clause, 1 
the word " five," and insert the word " ten." . . ., 

Which, on motion, 
Was laid on the table. 

BILLS INTRODUCED, 

House bill No. 233. A bill entitled " an act to provide for the 
payment of loss or damage by fire, and for appointing appraisers, 
defining their duties, and levying a tax to b© placed in the Treasury 
as a part of the General Fund. 

"Which wns read a first time, and, on motion, was laid on the table, 
a-nd 200 copies ordered to be printed. 

j^Ir. Gregory of Warren introduced, 

{'louse bill No. 234. A bill to repeal an act to ascertain the 
amount of the fees and salaries of the clerks of the Supreme, Circuit 
and Cummon Pleas Courts of this State, of the Sheriff of the Supreme 
Court, and of the various counties in this State, of County Auditors, 
Treasurers, and Recorders of Circuit and prosecuting attorneys, and 
to provide punishment for a violation of its provisions, approved 
June 3d, 1861. 

Which was read a first time, and on motion, referred to the Com- 
mittee on the Judiciary. 

By Mr. Rhoads : 

House bill No. 235 A bill to provide for the appointment of a 
'Commissioner who in conjunction with the various county auditors of 
the State, shall examine the records of the School Funds held in 
trust by the counties for the purpose of determining the amount and 
safety of said funds, and matters properly connected therewith, pro- 
viding for the salary of the said commissioner, and making county 



139 

commissioners and the superintendent of public instruction finul 
referees in cases of disagreement between the said commissioners and 
county auditors. 

Which was read a first time, and, on motion, referred to the Com- 
mittee on Education. 

Mr. Shuey offered the following resolution : 

Resolved^ That the State Librarian be, and is hereby, authorized to 
draw from the State Treasury, out of the amount appropriated for 
Legislative expenses, the sum of five hundred dollars to procure 
postage stamps to supply members on stationery account. 

_ Which was agreed to. 

Mr. Kilgore introduced : "" 

House bill No. 236. A bill to amend section 23 of an act entitled 
"an act for the incorporation of Insurance Companies, defining their 
powers, and prescribing their duties, approved June 17, 1852. 

Which was read a first time, and on motion, referred to the Com- 
mittee on the Judiciary. ,^ ■: ; . , 

Mr. Harrison offered the following resolution : 

Whereas, On the th day of the present session of the Gen- 
eral Assembly, the House concurred in and adopted the report of the 
Committee on Stationery, fixing the amount of stationery that each 
member and elective oflicer thereof should be entitled to draw from 
the State Librarian at $15.00 for each member, and at $10.00 for 
each elective officer thereof, therefore, 

Be it Resolved, That the Librarian be, and he is hereby, directed 
and required to furnish to the members and the elective officers of 
the House, the amount of stationery so fixed and allowed to them at 
the wholesale or jobbing prices charged therefor by the stationery 
stores of the city of Indianapolis. 

Which upon motion, was laid upon the table. 

Mr. Brown offered the followina: resolution : 

Resolved, That a committee of five be appointed, whose duty it 
shall be to inquire into the expediency of establishing by law a 



140 

Commission to license Locomotive Engineers and that no person 
shall act as a Locomotive Engineer nor have charge of any locomo- 
tive engine used in drawing any train of cars in this State, unless 
such person shall first be licensed by said Commission, showing that 
he is a man of good moral character and fully possessed of all the 
qualifications requisite for a Locomotive Engineer. . ' . 

Which was agreed to. ■ ' 

Mr. Cox presented a petition from sundry citizens of the State of 
Indiana, praying for the repeal of the Black Laws and such legisla- 
tion as will secure to the colored people the right to testify in 
courts of justice, and the benefits of the common school system. 

Which was referred to the Committee on the Bights and Privi^ 
leges of the Inhabitants of the State. 

Mr. Newcomb moved to suspend the order of business and take 
up Senate bills on first reading. 

Which was ;i greed to. '■ 

Senate bill No, 196. A bill concerning the writ of habeas corpus. 
Which Avas read a first time. 

Mr. Newcomb moved that it be deemed expedient to suspend the 
Constitutional Rule requiring bills to be read on three several days 
by sections, and read said bill a second time now by its title. 

The ayes and noes were taken under the Constitution. 

Those who voted in the afiirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Caldwell Cham- 
bers, Church, Collins, Cook, Croan, Crook, Davidson, Ferris, F oulke, 
Glazebrook, Gleason, Goodman, Gregg, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Ilamrick, IJargrove, Harrison, 
Hershey, Ilogate, Hoover, Humphreys, Hunt, James, Johnson, 
Lee, Lemon, Litson, Lockhart, IMajor, Milroy, Montgomery, McVey, 
Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, Pinney, 
Prather, Reese, Rhoads, Rice, Richards, Richardson, Riford, Roach, 
Shoafi" of Allen, Sim, Stuart, Stringer, Stuckey, Sullivan of Scott, 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Wright, 
Woods and Mr- Speaker — 73. 



141 

So it was deemed expedient to suspend said Constitutional Rule, 
and Senate bill No. 196 was read a second time by its title. 

Mr. Buskirk moved that it be deemed expedient to suspend the 
Constitutional Rule requiring bills to be read on three several days 
and that said bill be read a third time now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Allen, Atkinson, Boyd, Brown, Burnes, Burton, Bur- 
well, Buskirk, Caldwell, Church, Collins, Cook, Cox, Croan, Crook, 
Davidson, Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregg, 
tGregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hamrick, Hargrove, Harrison, Hershey, Hogate, Howard, Hum- 
phreys, Hunt, James, Johnson, Lane, Lee, Lemon, Litson, Lock- 
hart, Major, Milroy, Montgomery, McVey, Newcomb, O'Brien, 
Olleman, Osborn, Patterson, Perigo, Pinney, Prather, Reese, 
Rhoads, Rice, Richards, Richardson, Riford, Roach, Sabin, Shoaff 
of Allen, Shney, Sim, Stuart, Stringer Stuckey, Thatcher, Trusler, 
Upson, Veach, Weikel, Welch, White, Woodruff, Wright, Woods, 
Zeigler and Mr. Speaker — 79. 

So it was deemed expedient to suspend said Constitutional Hulo, 
and Senate bill No. 196 was read a third time. 

And the question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brovrn, Burnes, Burton, 
Burwell, Buskirk, Caldwell, Chambers, Church, Coffrolh, Cook, 
Croan, Crook, Davidson, Ferris, Foulke, Glazebrook, Gleasou 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Hershey, Higgins 
Hogate, Hoover, Howard, Humphreys, Hunt, James, Johnson 
Lane, Lasselle, Lee, Lemon, Litson, Lockhart, Lopp, Major, Milroy, 
Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, Patter- 
terson, Perigo, Pinney, Prather, Reese, Rhoads, Rice, Richards, 
Richardson, "Riford, Roach, Sabin, Shoaff of Alien, Shuey, Sim 
Stuart, Stringer, Stuckey, Thatcher, Upson, Veach, Vfeikel, Welch, 
Wright, Woods, Zeigler and Mr. Speaker — SO. 



142 

Those who voted in the negative were, '-- 

Messrs. Collins — 1.. 

So the hill passed. 

The question being, shall the title, as reported, stand as the title to 
said bill ? . , , j 

It was so agreed to. I 

Mr. Coffroth moved to reconsider the vote whereby the title to 
Senate bill No. 196 was passed. 
Which vras agreed to. 

On motion by Mr. CofiVoth, 
Said bill was referred to the Committee on the Judiciary, with 
instructions to amend the title to said bill. ; J 

Mr. Ilogate moved that so much of the Governors message, of ' 
yesterday, as refers to the establishment of an Agricultural College, 
be referred to the Committee on Agriculture. 

Mr. Gregory of Warren, moved to refer the same to the Com- 
mittee on Education. , 

1 

Mr. Chambers moved that the same be referred to a select com- I 
mittee of one from each Congressional District. 

The question being on referring the same to th,e Committee on 
Education, , 

It was not agreed to. -1 

The question next being on referring to the Committee on Agri- 
culture. 

It was not agreed to. 

The same was then referred to a Select Committee of one from 
each Congressional District. 

Mr. Boyd offered the following resolution : 

Whereas, We have no printed lists of the standing committees of 
this House for the use of members, therefore, 



143 

Resolved, That tliG State Printer be instructed to print 200 copies? 
of said standing committees in conjunction with the rules ordered fe» 
be printed a few days ago. 

Which was n greed to. 

UOUSE BILLS ON SECOND READING. 

Ilou?e bill No, 208. A bill to amend the first and tenth sections 
oi an act to provide for a general system of common schools, the offi- 
cers thereof, and their respective powers and duties, and matters 
properly connected therewith, and prescribing the fees for certain 
officers therein named, and for the establishment and regulation of 
Township Libraries, and to repeal all laws inconsistent therewith, 
providing penalties therein prescribed, approved March 6, 18G5. 

Was read a second time. 

Mr. Newcomb moved to refer said bill to the Committee on Ways 
and Means, with instructions to inquire into the expediency of so 
amending said bill as to reduce the rate of taxation. 

Mr. OUeman moved to refer said bill to the Committee on Educa- 
tion. ' I ; , ' 

Mr. Rhoads moved to lay the motion made by Mr. Neweomb on 
the table. ■ ■ > 

Messrs. Groves and Brown demanded the ayes and noes. , 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Burnes, Burwell, Chambers, Cook, Cox, 
Croan, Foulke, Glazebrook, Gleason, Gregory of Warren, Ilamriek, 
McVey, Olleman, Reese, Rhoads, Rice, Riford, Shuey, Sim, Stuart 
and Stuckey — 22. 

Those who voted in the negative wx^re, 

Messrs. xVbbett, Brown, Burton, Buskirk, CaldTrell Coffroth, Col- 
lins, Crook, Davidson, Ferris, Goodman, Gregory of Montgomery^ 
Griffith, Groves, Hargrove, Harrison, Eenricks, Ilershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Hunt, James, Johnson, Lane,. 
Lasselle, Lee, Lemon, Lockhart, Lopp, Major, Milroy, Montgomery 
Kewcomb, O'Brien, Osborn, Perigo, Pinney, Prather, Richards, Rick 



144 

avtlson, Hoacli, Sabin, Shoaff of Allen, Stringer, Sullivan of ScOtt, 
Thatcher, Upson, Veacb, Weikel, Welch, White, Wright, Woods and 
Zeigler — 58, 

So the motion to refer was not laid on the table. 

The question being on referring said bill to the Committee on 
Ways and Means, 

Messrs, Rhoads and Griffith demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs, Abbett, Boyd, Brown, Burnes, Burwell, Buskirk, Coffroth, 
Collins, €rook, Davidson, Ferris, Goodman, Gregory of Montgomery, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, 
Higgins, Hogate, Hoover, Howard, Lasselle, Lee, Lemon, Lockhart, 
Lopp, Major, Montgomery, Newcomb, O'Brien, Osborn, Perigo^ 
Pinney, Prather, Richards, Richardson, Sabin, Shoaff of Allen, Stu-i 
art, Stringer, Sullivan of Scott, Thatcher, Upson, Weikel, Welch, 
Wright and Zeigler — 52. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Burton, Chambers, Cook, Cowgill, Cox, 
Croan, Foulke, Glazebrook, Gleason, Gregory of Warren, Hunt, Mil- 
Icr, ]\lilroy, McVey, OUeman, Reese, Rhoads, Rice, Riford, Shuey^ 
Sim, Stucke^'-, Veach and Woods — 26. 

So the motion to refer did prevail. 

Message from the Senate, by Mr. Wilson, their Secretary. 

Mil. Speaker : 

I am directed by the President of the Senate to inform the House* 
that the Senate has passed the following Engrossed bill thereof— to 
wit : 

Engrossed Senate bill No. 210, entitled " an act to revise, simplify 
and abridge the rules, practice, proceedings and forms in civil cases 
in the Courts of the State ; to abolish distinct forms of action at law,' 
and to provide for the administration of justice, and a uniform mode 
of pleading and practice, without distinction between law and equity,] 
approved June 15, 1852." 

In which the concurrence of the House is respectfully requested. 



145 

Mr. Barton, froin the Committee on Education, made the follow- 
ing minority report : 

Mr. Speaker : 

We, the undersigned, members of the Committee on Educa- 
tion, to whom was referred House bill No. 208, proposing to amend 
the school law so as to tax negroes and mulattoes for school pur- 
poses, and admit colored children into the common schools, beg leave 
to differ with the majority of the committee and make the following 
minority report, viz : 

' In the first place we are opposed to legislating for the negro in 
any way, because 

1st. We believe that our Government was established by white 
men, for white men and women, and children, and their posterity 
forever. That if the two races are to live and exist together, the 
black must and should remain as the government found it, subordi- 
nate to the white race. Now that the institution of slavery is bro- 
ken up, the negroes will of necessity flock to that section. State or 
country which holds out the greatest inducements. The States refu- 
sing to do anything for them, will first of all be relieved of a free 
colored population, which we hold to be a nuisance to any commu- 
nity of Anglo-Saxons. We desire to rid our State of this degraded, 
inferior race, rather than invite it hither, which we believe would be 
the effect of breaking down the barriers and admitting the negroes 
to our common schools. This barrier removed, but a short time will 
elapse ere another and still another will be removed, and the politi- 
cal and social equality of the races will be inevitable. Several steps 
have already been taken in that direction, and this is but another, 
hence we resist it, as we have all others in the same direction, as we 
mtend to fight over every inch of the ground marked out for the 
elevation of the negro race in our midst. 
I L. S. GLAZEBROOK, 

[ JOHN M. STUCKEY, 

STEPHEN S. BURTON, 
I Minority CommiiUe. 

Mr. Brown moved that the reports be referred to the Committee 
)n Ways and Means. 

n. J.— 10 



146 

Mr. Kilgore moved to lay the motion to refer on the table. 

Messrs. Miller and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Bonner, Boyd, Branham, Burnes, Caldwell, Chambers, 
Cook, Cowgill, Cox, Ferris, Gleason, Gregory of Montgomery, 
Gregory of Warren, Hamrick, Henricks, Hershey, Hogate, Hoover 
Kilgore, Lane, Lockhart, Major, Miller, McVey, Newcomb, Prather, 
Reese, Rhoads, Riford, Shuey, Sim, Spencer, Trusler and Woods— 34 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Brown, Burton, Burwell, Buskirk, 
Coffroth, Collins, Croan, Davidson, Foulke, Glazebrook, Gregg. 
Griffith, Groves, Hargrove, Harrison, Higgins, Howard, Humphreys, 
Hunt, Lasselle, Lee, Lemon, Lopp, Milroy, O'Brien, Olleman,! 
Osborn, Patterson, Perigo, Pinney, Rice, Richards, Richardson 
Roach, Sabin, Slioaff of Allen, Shoaff of Jay, Stringer, Stuckej 
Sullivan of Scott, Thatcher, Veach, Weikel, Welch, White, Wood- 
ruff, Wright, Zeigler and Mr. Speaker — 51. . 

So the motion did not prevail. \ 

Mr. Higgins moved that Majority and Minority Reports be 
referred to the Committee on Ways and Means. 

Mr. Rhoads moved to lay the motion to refer on the table. 
Pending which. 

On motion by Mr. Prather, 
The House adjourned 



2 o'clock, p. m. 

The House met. 

Mr. Coffroth moved that when the House adjourn it meet agaii 
at 2 o'clock P. M., on to-morrow. 
Which was agreed to. 



147 

Messrs. Major and Montgomery were granted leave of absence on 
account of sickness. 

Mr. Newcomb, from the Committer on the Judiciary, made the 
following report: 

Mr. Speaker: 

The Committee on the Judiciary, to whom was referred Senate 
bill 196, entitled " an act cencerning the writ of habeas corpus, 
liave had the same under consideration, and report the same back 
with the following recommendations : 

1st, That the vote on the passage of the bill be reconsidered, 
and that it be amended by adding the emergency clause herewith 
reported, 

2d. Amend by striking out the title of the bill as it now stands 
and inserting the following title : 

An act to amend the 716th section of an act entitled " an act to 
revise, simplify and abridge the rules, practice, pleadings and forms 
n civil cases in the Courts of this State, to abolish distinct forms of 
iction at law, and to provide for the administration of justice in a 
iniform mode of pleading and practice, without distinction between 
aw and equity," approved June 8, 1862, so as to deprive the 
Supreme Court, and the Judges thereof, from taking original juris- 
liction "of writs of habeas corpus, and enlarging the powers and 
urisdiction of Circuit and Common Pleas Judges on writs of habeas 
!orpus in certain cases in this act provided and prescribed. 

Mr. Newcomb moved to reconsider the vote whereby the Houee 
)a8sed Senate bill No. 196. 

Which was agreed to. 

i 

Mr. Newcomb offered the following amendment : 

Sec. — •. Whereas, an emergency exists for the immediate taking 
ffect of this act, therefore the same shall be in force from and after 
ts passage and publication in "The Indianapolis Daily Journal,'" and 
ithe Indianapolis " Daily Herald." 

Mr. Buskirk offered the following amendment ; 



148 

Pi'ovided, That jurisdiction shall not be taken away in cases no\ 
pending'. 

Which was not agreed to. 

The question being on the amendment offered bj Mr. Newcomb^. 
It was agreed to. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Branham, Brown 
Burnes, Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Col 
lins. Cook, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulke 
Grazebrook, Gleason, Goodman, Gregory of Montgomery, Gregor 
of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks 
Hershey, Higgins, Hogate, Hoover, Humphreys, Hunt, James, John 
son, Lane, Lee, Lemon, Litson, Lockhart, Lopp, Major, Meredith 
Miller, Milroy, Newcomb, O'Brien, Osborn, Patterson, Perigo, Pin 
ney, Prather, Rhoads, Rice, Richards, Riford, Richardson, Roach 
Sabin, Shoaff of Allen, Sim, Stuart, Stuckey, Sullivan of P. & V 
Thatcher, Trusler, Upson, Weikel, Welch, White, Woodruff, Wood^ 
Zeigler and Mr. Speaker — 8§\ 

So the bill passed. 

The question being, shall the title^ as reported, stand as the titlj 
to said bill ? 

It was agreed to. 

Ordered, That the Clerk inform the Senate of the passage of sai 
bill. 

THE SPECLaL. ORDERS OF TEE DAY. 

Tbe hour having arrived for the special orders of the day^ Hous 
Joint Resolution No. 1, a Joint Resolution proposing an amendmen 
to the Cons-titution by striking out the Thirteenth Article thereof, 

\Vas taken up. . 

Mr. Kilgore moved to suspend the further consideration of sai 
Joint Resolution No. 1, and make it the special order of tli« day Jo, 
Thursday morning next, at 10 o'clock. 

Which was agreed X^^ \ 



14^ 

HOUSE BILLS ON SECOND READING. 

"No. 220. A bill to amend the 14th section of an act entitled '' aa 
ftCt to limit the number of Grand Jurors, and to point out the mode 
of their selection, defining their jurisdiction, and repealimg all laws 
iflconsistent therewith," so as to give th€ Grand Jury convenient 
jurisdiction with the Courts of Gommon Pleas, and Justices of the 
Peace, of misdemeanors, except in cases where the fine cannot ex- 
ceed three dollars. 

Bead a second time, and, 
On motion of Mr. Buskii-k, 

Referred to the Committee on the Judiciary:. 

Message from the Governor, with accompanying documents, by 
iMr. Jacobs, his Private Secretary. 

To the Senate and Bouse of Representatives: 

I herewith respectfully transmit to the General Assembly the re- 
jport of Col. James Blake, Coaimissioner of the " Soldiers' National 
Cemetery at Gettysburg, Pennsylvania," appointed as such by the 
Governor of the State, together with the printed documents referred 
to in the report, and marked "A," " B," " C " and " D," respect- 
ively, and commend the same to your careful consideration. I also 
transmit herewith a printed pamphlet, entitled, " Soldiers' National 
Cemetery, at Gettysburg, Pennsylvania," giving the correspondence 
in relation to the enterprise, which resulted in the incorporation and 
establishment of this Cemetery. From the documents submitted, it 
m\\ be seen that the amount originally assessed as the quota of Indi- 
^ana in defraying the expenses of the undertaking was $4,625 83 ; in 
part payment of which, the sum of $1,156 was, on the 1st day of 
T,une, 1864, remitted by the Governor to the Treasurer of the Asso- 
siation, leaving a balance of $3,469 80 still due from this State, for 
which last named sum requisitions have long since been made, but 
dave not been honored, for want of the necessary appropriations to 
GQeet the requisitions. Gettysburgh is the only battle-field of the 
late war in the North, and the remains of some eighty of the heroic 
soldiers of Indiana have been carefully interred in the National Cem- 
ietery which has been established on the ground where they fell in 
jiefence of the country. 

I respectfully recommend that immediate provision be made for 



150 

the payment of the balance of the assessment originally made as th 
quota of this State, amounting, as before stated, to the sum o 
$3,469 80. 

It will be seen by Col. Blake's report, that owing to the increase 
price of labor and materials, he estimates that the original assess 
ment will be insufficient to meet our share of the cost of the undeifj 
taking, by the sum of some $2,400. Whether an appropriatio: 
should be now made to meet this estimated deficit, is respectfull 
submitted to the General Assembly, without any recommendation o 
that branch of the subject. 

Col. Blake, with the patriotism and public spirit which has charac 
terized his long and valuable life, at the request of the Governoi 
without compensation, took upon himself the duties of Commissione 
for this State, visited Gettysburg, and participated in the proceec 
ings of the Board of Commissioners in July last, performing th 
trusts confided to him in the most acceptable manner. 

I would be doing injustice to my own feelings did I not thus o2 
cially express the high appreciation, in which his services are held. 

CONRAD BAKER, , 

Lieutenant Governor, Acting as Governor. < 

Mr. Henricks moved that the message be laid on the table, an 
that part which refers to appropriations^ be referred to the Commi 
tee on Ways and Means. 

Which was agreed to. 

Message from the Senate by Mr. Wilson their Secretary i 
Mr. Speaker : 

I am directed by the President of the Senate to inform the Hous 
that he has signed enrolled act No. 199, of the House of Represei 
tatives, entitled " an act to provide for the distribution of the inte: 
est on the School, Sinking and Trust Funds of the State, held fcj 
the support of common schools, to repeal all laws in conflict therJ 
with and declaring an emergency. 

Also, that the President has signed enrolled act No. 202, of tl 
Senate, entitled " an act making specific appropriations from tb 
State Treasury, and that the same has beeen transmitted to tl 
Executive Department for the signature of the Goyernor» 



151 

I Mr. Kilgore moved that the House do now adjourn, 
i Which was not agreed to. 

No. 229. A bill entitled " an act to authorize the County Boards 
of the several counties of this State, to furnish dockets for the 
Justices of the Peace in their respective counties."' 
I Was read a second time. 

Mr. Henricks moved to lay the bill on the table. 

Messrs. Griffith and Sullivan of Scott, demanded the ayes and 
'noes. 

Those who voted in the affirmative were, 

! 

I Messrs. Abbett, Atkinson, Bonner, Burton, Church, CofFroth, 
Cowgill, Croan, Davidson, Gleason, Gregg, Gregory of Montgomery, 
Griffith, Hamrick, Hargrove, Henricks, Higgins, Hogate, Hoover, 
Howard, Humphreys, James, -Kilgore, Lane, Lee, Lemon, Litson, 
Lockhart, Lopp, Major, McVey, Newcomb, O'Brien, Reese, Riford, 
Roach, Shuej, Stuart, Trusler, Upson, Weikel, Woodruff and 
Woods— 46. 

Those who voted in the negative were, 

I Messrs. Boyd, Burwell, Buskirk, Caldwell, Cook, Crook, Ferris, 
Foulke, Glazebrook, Goodman, Gregory of Warren, Harrison, Her- 
shey, Hunt, Johnson, Lasselle, Milroy, Miller, Osborn, Perigo, 
Pinney, Rhoads, Rice, Richards, Richardson, Sabin, Shoaff of Allen, 
Shoaff of Jay, Stivers, Stringer, Stuckey, Sullivan of Scott, White, 
Weikel, Wright, Zeigler and Mr. Speaker — 36. 

So the bill was laid on the table. 

I Mr. Rhoads, from the Committee on Enrolled Bills, made the 
bllowing report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report that on 
Tuesday, November 21, 1865, at 4J o'clock P. M., they presented 
his Excellency, the Lieutenant Governor of the State, for his 
'ignature and approval, House bill No. 199. 

; On motion by Mr. Kilgore, 
The House adjourned till to-morrow at 2 o'clock, P. M. 



152 

WEDNESDAY, 2 o'clock, p. m. 
November 22, 1865. 

The House met pursuant to adjournment. 

The Clerk proceeded to read the Journal, 

"When Mr. Church moved to dispense with the further reading. 
AVhich was agreed to. „ . 

The Journal was then approved. 

The Speaker announced the following special committee on Con- 
gressional Apportionment : 

OnIIousebillNo.il: 

Messrs. Stuart, 4th district. Chairman. 

" Patterson, 1st district.. 

" Lemon, 2d district. .-, • 

" Buskirk, 3d district. •', 

" Kilgore, 5th district. 

" Harrison, 6th district. 

" Rice, 7th district. 

" Caldwell, 8th district. 

" Henricks, 9th district. 

" Bird, 10th district. 

" Cowgill, 11th district. 

On so much of the Governor's message as relates to the grant 
fi'om Congress, for Agricultural College purposes : 

Messrs. Chambers, 5th district. Chairman. 

" Sullivan of Scott, 2d district. 

" Boyd, 3d district. ; 

" Ferris, 4th district. 

" Sullivan of P. & v., 1st district. 

" Hogate, 6th district. 

" Lane, 7th district. 

" Milroy, 8th district. 

" Lasselle, 9th district. ^ y -', 

" Upson, 10th district. 

" Collins, 11th district. 

Leave of absence was granted to Mr. Griffith until Tuesday next. 



153 

SPECIAL ORDER OF TUE DAY. 

Mr. Henricks in the Chair. 

House bill No. 156 was taken up. 

Mr. Brown moved to postpone the same until 21 o'clock, 
to-morrow. 

Which was agreed to. 

Mr. Coffroth moved that House bills No. 81 and 23 be taken from 
the table and referred to a special committee. 
Which was agreed to. 

Mr. Higgins moved to suspend the regular order of business, and 
take up Senate bills on first reading. 
Which was agreed to. 

Message from the Governor, by Mr. Jacobs, his Private Secre- 
tary : 

Mr. Speaker: ' ."' , ' .' / ^ 

I am directed by the Governor to inform your honorable body 
.that he has approved and signed enrolled House bill No. 199, enti- 
tled " an act to provide for the distribution of the interest on the 
School, Sinking and Trust Funds of this State, held for the support 
of common schools, to repeal all laws in conflict therewith, and 
declaring an emergency," and that the same has been deposited in 
the office of the Secretary of State. 

To the Senate, and 

House of Representatives : 

At the commencement of the present special session, his Excel- 
lency, the Governor, in his message, invited your attention to the 
necessity of the speedy establishment of an Institution in which 
Indiana soldiers and seamen, disabled by wounds or disease con- 
tracted in the service of the |United States, shall be cared for and 
maintained during the continuance of the disabilities under which 
they are laboring. He also said, in the same connection, that the 
United States General Hospital at Jeffersonville is one of the most 



154 

complete establishments of the kind in the country, and is well 
adapted to the purposes of a Soldiers' Home, and that he had 
written to the Secretary of War and Surgeon General for informa- 
tion as to whether the Government would be willing to turn over 
this Hospital to the State of Indiana to be used in the establishment ■ 
of such an Institution, should the State desire it, and that the 
answer when received would be communicated to the General 
Assembly. 

Since the departure of Governor Morton a communication has 
been received from the office of the Surgeon General, in reply to his 
letter of inquiry mentioned in his message, in which it is stated that, 
upon application to that eifect by the State of Indiana, the Surgeon 
General will recommend that the General Hospital at Jeflfersonville 
be turned over to the State authorities, upon the same terms as the 
Tripler Hospital was turned over to the State of Ohio. A copy of 
this communication from the Surgeon General's Office is herewith 
respectfully submitted. 

I have no definite information as to the terms upon which Tripler 
Hospital was turned over to the State of Ohio, but believe that the 
only terms required was a guarantee on the part of the State that 
the property donated should be faithfully applied to carry out the 
object for which it was given. 

I have written to the Surgeon General, since the receipt of this_ 
communication, for information as to the precise terms upon which 
Tripler Hospital was donated to the state of Ohio. 

If the land upon which the General Hospital at Jeffersonville is 
situated, comprising, as I am informed, about one hundred and sixty 
acres, can be procured at a reasonable price, this offer o: the Gov- 
ernmnt to turn over the Hospital buildings, with their appurtenances, 
would seem to afford a solution of the Soldiers' Home question, so 
far as its location is concerned. Indeed, if such an institution is to 
be at all provided by the State, or the people, and of this I do not 
permit myself to doubt, we cannot afford to decline the offer of build- 
ings and improvements of the value of not less than three hundred 
• thousand dollars, adapted to the accomplishment of the very object 
we have in view, whether the owners of the land will or will not 
consent to sell it for a reasonable price. 

If they refuse thus to sell, the remedy of the State is plain. It is 
to provide by legislative enactment for the taking of the property, 
and for the assessment of just compensation, to which the owners 



155 

would be entitled under the Constitution. With these suggestions' 
the whole subject is again commended to your careful consideration. 
Whenever an anwer is received from the Surgeon General, as to 
the terms upon -which Tripler Hospital was turned over to the State of 
Ohio, it will be communicated to the General Assembly. 

CONRAD BAKER, 

Lieut. Gov., acting Gov, 



SuEGEON General's Office, \ 
Washington, D. C. j 

His Excellency, 0. P. MORTON, 

Governor of Indiana. 

Sir : — I am instructed to acknowledge the receipt of your commu- 
nication of the 13th inst., relative to providing a home for the 
wounded soldiers of Indiana, and to inform you that upon application 
to that effect, the Surgeon General will recommend that the General 
Hospital at Jefferson villa, Indiana, be turned over to the State 
authorities upon the same terms as the Tripler Hospital was turned 
over to the State of Ohio, 

Very respectfully, 

Your obedient servant, 
(By order of the Surgeon General) 

W. C. SPENCER, 

AsitH Surg. U. S. Armi^, 

On motion by Mr. Newcomb, 
Said message was referred to a Special Committee. 

SENATE BILLS ON FIRST READING. 

Senate bill No. 47. A bill providing for compensation to parties 
whose property may be destroyed, or whose persons or property may 
be injured in consequence of mobs or riots. 

Was read a first time, and passed to a second reading. 

Engrossed Senate bill No. 93. A bill defining certain felonies, 
and prescribing punishment therefor. 

Was read a first time, and, on motion, was referred to the Corn" 
mittee on the Judiciary. 



156 

The Speaker laid before the House a statement of the branch of 
'ihe Bank of the State of Indiana, located at South Bend. 
Which was referred to the Committee on Banks. 

Senate bill No. 104. A bill to amend tie 2d section of an act en- 
titled " an act to regulate the sale of swamp lands donated by the 
United States to the State of Indiana, and to provide for the drain- 
ing and reclaiming thereof, in accordance with the condition of said 
grant,," 

Was read a first time, and, on motion, referred to the Committee 
on Swamp Lands. 

Engrossed Senate bill No. 108. A bill to amend the Gth section 
of an act entitled " an act regulating divorces, nullification of mar- 
riages, and decree and order of Court incident thereto, approved May 
13,°1852. 

Was read a' first time, and, on motion, referred to the Committee 
on the Judiciary. 

Engrossed Senate bill No. 114. A bill to amend section 38 of an 
act entitled " an act to provide for the incorporation of Railroad 
Companies, approved May 11th, 1852. 

Was read a first time, and, 
Oti motion by Mr. Higgins, 

Referred to the Committee on Railroads. 

The Speaker announced the following Committee on House bills 
No. 23 and No. 81 : 

Messrs. Coffroth, Woods and Collins. 

Senate bill No. 118. A bill to amend the 23d section of an act 
to provide for the valuation and assessment of the real and persona] 
property, and the collection of taxes in the State of Indiana, for the 
election of Township Assessors, and prescribing the duties of Asses- 
sors, Appraisers of real property. County Treasurers and Auditors, 
and of the Treasurer and Auditor of State, approved June 21, 1852. 

Was read a first time, and, 
On motion by Mr. Woods, 

Was referred to the Committee on Ways and Means. 

Engrossed Senate bill No. 141. A bill to amend the 2d, 5th and 
€th sections of an act entitled an act concerning the organization of 



157 

voluntary associations, and repealing former laws in reference there- 
to, approved Feb. 12, 1855. 

Was read a first time, and referred to the Committee on Corpora- 
tions. 

Senate bill No, 120. A bill empowering District Prosecuting 
Attorneys to administer oaths in tlie discharge of their duties. 

Was read a first time, and referred to the Committee on Fees and 
Salaries. 

Engrossed Senate bill No. 122. A bill in regard to weights and 
measures, the custody thereof, and fees for using the same. 
Was read a first time, and passed to a second reading. 

Senate bill No. 127. A bill to amend sections 37 and 46 of an act 
entitled " an act dividing the State into counties, defining their boun- 
daries and defining the jurisdiction of such as border on the Ohio and' 
Wabash rivers, approved June 7, 1852, and defining the boundaries- 
of the counties of Jackson and Lawrence. 

Was Fead a first time, and. 
On motion of Mr. Boyd, 

Was referred to the Committee on tfee Rights and Privilegesof the 
Inhabitants of the State. 

Engrossed Senate bill No. 145. A bill providing compensation 
for Judges holding Courts of Common Pleas in certain Cases. 
Was read a first time, and, 
On motioa by Mr. Groves, 

Referred to the Committee on the Organization of the Courts of 
Justice. 

Engrossed Senate bill No. 163. A bill touching the laying out of 
cities and additions thereto, and the making and recording of p^ats 
thereof, and legalizing plats of such cities and additions thereto. 
heretofore made and recorded. 

Was read a first time, and referred to the Con>mittee on Corpora- 
tions. 

Engrossed Senate bill No. 210. A bill to amend section 58 i of 
an act entitled " an act to revise, simplify and abridge the rules^. 
practice, pleadi-ngs and forms in civil cases in the Courts of this- 
State ; to abolish distinct forms of actions at law, and to provide for 



158 

the administration of justice in a uniform mode of pleading and 
practice, without distinction between law and equity," approved 
June 18, 18.V2. 

Was read a first time, and, 
On motion by Mr. Groves, 

Was referred to the Committee on the Organization of Courts of 
Justice. 

Engrossed Senate bill ISo. 81. A bill relating to insurance on 
life for the benefit of widows arid orphans. j 

Was read a first time, and, 

On motion by Mr. Bonner, 
Referred to the Committee on the Judiciary. I 

Senate bill No. 34. A bill to authorize incorporated cities, within 
this State, to purchase and hold parks, fair grounds and grounds for 
public use, and to prescribe rules and regulations for the government, . 
control and preservation of the same. 

Was read a first time, and, on motion, referred to the Committee 
on Corporations. 

Senate bill No. 50. A bill providing for the redemption of real 
estate or any interest therein, sold on executian or order of sale, 
and providing for the issuing of certificates of purchase in such 
cases, and for the execution of conveyances and repealing all laws in 
conflict therewith. 

Was read a first time, and. 
On motion by Mr. Milroy, 

Was referred to the Committee on the Judiciary. 

Message from the Senate by Mr. Wilson, their Secretary : 

Mr. Speaker; 

I am directed by the President of the Senate to inform the House 
that the Senate has passed the following engrossed bill thereof 
to-wit : I 

Engrossed Senate bill No. 199. Entitled " an act to amend an ' 
act, to incorporate the Indianapolis Insurance Company," approved j 
February 8, 1836, in which the concurrence of the House is respect- | 
fally requested, j 



159 

Senate bill No. 52. A bill defining the offence of bastardy, pre- 
scribing the punishment therefor, and declaring the power and 
duties of Justices of the Peace therein. 

Was read a first time. 

Mr. Buskirk moved to refer the bill to che Committee on the 
Judiciary. 

Which was not agreed to. 

Mr. Coffroth moved to refer to the Committee on the Rights and 
Privileges of the Inhabitants of the State. 
Which being agreed to, it was so referred. 

Senate bill No. 199. A bill to amend " an act to incorporate the 
Indianapolis Insurance Company," approved February 8, 1836. 
Was read a first time, and, 
On motion by Mr. Miller, 
Was referred to the Committee on Corporations. 

Mr. Newcomb moved to suspend the order of business, and take 
up Senate bill No. 16. 
Which was agreed to. 

Senate bill No. 16. A bill to amend section 349 of an act enti- 
tled " an act to revise, simplify and abridge the rules, practice, 
pleadings and forms in civil cases in the Courts of this State ; to 
abolish distinct forms of actions at law, and to provide for the admin- 
istration of justice in a uniform mode of pleading and practice, 
without distinction between law and equity," approved June 18, 
1852. 

Was read a second time. 

Mr. Newcomb moved that it be deemed expedient to suspend the 
Constitutional Rule requiring bills to be read on three several days, 
and that said bill be read a third time now. 

The ayes and noes were taken under the Constitution. 
;■ Those who voted in the aflBrmative were, 

Messrs. Atkinson, Bird, Boyd, Burnes, Burton, Buskirk, Cham- 
bers, Coffroth, Collins, Cowgill, Croan, Crook, Davidson, Ferris, 
Foulke, Gleason, Goodman, Gregg, Gregory of Warren, Grifiitb, 






160 



Groves, Hamrick, Hargrove, Henricks, Hershey, Higgins, Hogate, 
Hoover, Howard, Humphreys, Hunt, James, Johnson, Kilgore, 
Lane, Lee, Litson, Lockhart, Major, McVey, Newcomb, O'Brien, 
Osboan, Patterson, Perigo, Pinney, Prather, Pveese, Rhoads, Rice, 
Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shuey, 
Sim, Spencer, Stuart, Stuckey, Sullivan of P. & V., Thatcher, 
Upson, Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler 
and Mr, Speaker — 72, 

Those who voted in the negative were, 

Messrs. Abbott, Burwell, Caldwell, Gregory of Montgomery, Las- 
selle, Lemon, Lopp, Miller, Milroy and Stringer — 10. 

So it was deemed expedient to suspend said Constitutional rule, 
and said bill was read a third time. 

And the question being, shall the bill pass? 

Those who voted in the affirmative were, 

Mr. Gregory, of Warren, moved the previous question, • 

Which was seconded by the House. 



The question being, shall the main question be now put? 
It was so ordered. 

The question being, shall the bill pass ? • 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burnes, Burton, ' 
Buskirk, Church, Coffroth, Collins, Cowgill, Cox, Croan, Crook. 
Davidson, Ferris, Foulke, Gleason, Goodman, Gregory of Montgom- 
ery, Gregory of Warren, Griffith, Groves, Hamrick, Hargrove Her- 
shey, Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, James, 
Johnson, Kilgore, Lane, Lemon, Litson, Lockhart, Lopp, Major, 
Milroy, McYey, Newcomb, O'Brien, Perigo, Pinney, Prather, Rhoads, 
Rice, Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, 
Shuey, Spencer, Stuart, Stuckey, Sullivan of P. & V., Veach, Weikel, 
Welch, White, Woodruff, Wright, Woode, Zeigler and Mr. Speaker 
—71. 



I 



161 

Those who voted in the negative were, 

Messrs. Burwell, Caldwell, Henricks, Lasselle, Lee, Meredith 
Miller, Osborn, Reese, Stringer, Sullivan of Scott, Trusler, and 
Upson — 12. 

So the bill passed. 

The question being, shall the title, as reported, stand as the title 
of said bill ? 

It was agreed to. 

Ordered That the Clerk inform the Senate of the passage of said 
bill. 

HOUSE BILLS ON SECOND READING. 

House bill No. 231. T<3 protect lawful public notices, and pre* 
scribing penalties for injuries thereto. • ! . . ^ 

Was read a second time, ordered to be engrossed, and passed to a 
third reading. 



House bill No. 23^. A bill limiting the amount of passenger fare 
)n Railroads, and providing penalties for the violation of the act* 

Was read a second time, and, on motion, referred to the Com- 
32ittee on Railroads. 

House bill No. 218. A bill to amend section 374 of an act enti- 
led " an act to regulate and license the sale of spirituous, vinous, 
nalt, and other intoxicating liquors, to prohibit the adulteration of 
iquors, to repeal all former laws contravening the provisions of this 
ict, and prescribing penalties for the violation thereof," approved 
vlarch 5, 1859, and prescribing penalties in case of a second or Bub- 
equent conviction. 

Was read a second time. 

The question being on the amendments, as reported by the Com- 

littee, I 

Mr. Rhoads offered the following amendment : 

, In section 1, 61st line, strike out the words " at least half the legal 
H. J.— 11 



162 i 

voters," and insert, " a majority of the inhabitants exceeding four- 
teen years old." 

Mr. Brown moved to lay the amendment on the table. 

Which -was agreed to. ' .::[ i 

Mr. Brown offered the following amendment : ' '. 

Amend by striking out the word " white," in the — line. 

Mr. Coffroth moved to lay the amendment on the table. 

On which motion, Messrs, Brown and Groves demanded the ayes 
and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Bird, Brown, Burnes, 
Burton, Burwell, Buskirk, Caldwell, Coffroth, Collins, Cowgill, Croan, 
Crook, Davidson, Ferris, Foulke, Goodman, Gregg, Gregory of 
Montgomery, Griffith, Groves, Hargrove, Henricks, Higgins, How- 
ard, Humphreys, Hunt, James, Johnson, Lasselle, Lemon, Lockhart^ 
Lopp, Major, Milroy, Osborn, Perigo, Pinney, Prather, Ptice, Rich- 
ardson, Richards, Roach, Sabin, Shoaff of Allen, Shuey, Spencer, 
Stuckey, Sullivan of Scott, Sullivan of P. & V., Veach, Weikel, 
Welch, Wright and Zeigler — 58. 

Those who voted in the negative were, 

Messrs. Church, Cox, Gregory of Warren, Hamrick, Hershey^ 
Hogate, Hoover, Kilgore, Lane, Lee, Litson, Newcomb, Reese, 
Rhoads, Ptiford, Sim, Stuart, Stringer, Trusler, Upson, Woodruff, 
Woods and Mr. Speaker — 25, 

So the amendment was laid on the table. : 

Mr. Lane offered the followino: amendment : '" 

Amend by striking out all that relates to Towns. —. < 

Pending which, 

The Speaker, by unanimous consent, on behalf of the Special Com- 
mittee heretofore appointed on House bill No. 156, submitted the fol 
lowing report : 



163 

Mr. Speaker : 

The Select Committee, to whom was reported House bill No. 15G, 
liave directed me to report the same back with accompanying amend- 
ments, and recommend its passage : 

Amend the first section by adding, at the end, the following : 

Provided, Tioxvever, that if, after filing the proper application v.-ith 
:he State Agent hereinafter named, it shall be necessary, in order to 
perfect the same and obtain the proper payment, to supply addi- 
:ional or supplemental evidence, notice of the same being required, 
having first been given by said State Agent, or the Commissioner of 
Pensions, or the Second Auditor of the Treasury, then, for all such 
idditional or supplemental evidence, so furnished complete and 
transmitted, the Clerk, in such case, shall receive the sum of one 
dollar, in addition to said sum of two dollars, and as above provided, 
and no more. 

After the fifth section, insert the following : 

It shall be the duty of the Clerks of such Circuit Courts, in all 
cases, whenever it shall be necessary, to obtain documentary or other 
evidence outside the State, in order to perfect such applications and 
obtain proper payment, to cause the same to be obtained from the 
proper office by correspondence, or in such other manner as he may 
leem best, to insure it without unreasonable delay, himself paying 
the expenses which shall be incurred in obtaining the same, which 
shall then, at once, be repaid him by the proper county Treasurer, 
:>ut of the general fund, on his stated account therefor. 

Strike out the 8th section, and insert the following : ' 

The postage and other necessary expenses of obtaining and per- 
Fecting such applications and the transmission thereof, except as 
ibove provided for, shall be allowed to the Clerks of the several 
Circuit Courts, by the proper Boards of Commissioners, out of the 
proper Treasuries of their counties, on the certificates of such 
Clerks, properly sworn to and filed with such Commissioners, at any 
regular term of said Boards. 

Strike out the word " and,'' in the 7th line of the 9th section, 
md insert '• or." 



164 

Insert, after the 9th section, the following : 

It shall be the duty of the said several Clerks of the Circuit 
Courts of this State, in all cases where pension certificates hav;e 
first been granted, and when required by any person or persone 
interested therein, to prepare the proper applications for receiving 
the sum due thereon, to the proper pension agent or persons author- 
ized to pay the same, to administer the necessary oaths, and tak< 
the acknowldgement thereof and authenticate the same, to transmit 
the same, when so prepared and authenticated, to the proper pensioE 
agent or person authorized to pay the same, and receive the amouni 
due thereon, and deliver the same, on request, to the person entitlec 
thereto under such pension, or his or her representative or assignee 
and for each such service, when done, the said Clerk shall be enlitled 
to receive the sura of fifty cents, and no more. 

In all the cases arising under the provisions of this act, it shall b 
the duty of the Clerks of the several Circuit Courts of this State, t( 
inform the party, or parties, interested therein, in some certain anc 
expeditious manner, of the requirement for another application, or 
additional or supplemental evidence, when the same shall be required 
or, when notified thereof, of the grant of half-pay, back pay, bounty 
pension or pension money, as the case may be. 

Insert after the 10th section the following : 

i; 

It is hereby further provided that there shall be appointed by tht^ 
Governor a general State agent for Military Claims, who shall resid< 
at Indianapolis, and whose office shall continue until the first day o, 
January, 1867, and no longer, at a compensation of one hundrec 
and fifty dollars per month, who shall first take a proper oath o 
office, which shall be filed in the office of the Secretary of State 
and whose duty it shall be, when so qualified, upon the requiremen' 
of the Clerks of the several Circuit Courts, to obtain the necessan 
information from the public offices of the State, as the case may be 
to sustain all such claims on account of military services of soldier: 
of this State in the war for the suppression of the rebellion, t( 
obtain the proper authentication of the same, and, as shall be mos 
proper, return the same to said Clerks, or forward the same to tb( 
State Agent, or to the proper department nt Washington, and gen 
eraily to do every thing that shall promote a certain and expeditioiu 
allowance and payment of all such claims as are provided for in thii' 



165 

ict. And it shall be the further duty of said General State Agent 
I'or Military Claims, to do and perform, when required, all and each 
»f the duties herein imposed on the Clerks of the several Circuit 
Courts; but for the services so rendered no compensation whatever 
hall bo demanded or received. And for the expenses of postage, 
tationery, clerk hire and rents, incurred in pursuance of this act, he 
hall be paid quarterly out of the State Treasury, on his stated 
ccount on oath, filed with the State Auditor. 

Insert after the 11th section the following : 

By reason of the multiplicity of such claims not yet applied for 
r allowed, it is hereby declared that an emergency exists, and that 
ftiis act shall take effect from and after its passage. And the Secre- 
iry of State is directed to cause the same to be published, and 
Ofies thereof sent to the Clerks and Auditors of the several coun- 
i.es of this State. ' ',;,.,,, 

i Amend the title by inserting after the word " pensions," the 
Allowing : 

" Receiving and delivering certificates of back pay, bounty, half 
ay, pensions and pension money." . . , , , . . . 

Amend the title further, by inserting after the word " represent," 
le following : 



" And receive." 



Lgave of absence was granted to Messrs. OUeman and Stivers on 
';count of sickness. 

On motion by Mr. Goodman, 
The House adjourned. 



166 



. ' THURSDAY MORNING, 9 o'clock. 1 J 

, ; ; November 23, 1865. / ' 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Abbett, Atkinson, Boyd, Burnes, Caldwell, Chambar I 
Church, Collins, Cox, Cowgill, Croan, Crook, Davidson, Ferris, 
Foulke, Glazebrook, Gleason Goodman, Gregg, Gregory of Warren 
Griffith, Groves, Hamrick, Hargrove, Hershey, Higgins, Hoover 
Howard, Humphreys, Hunt, James, Kilgore, Lane, Lee, Lockhart 
. Meredith, Miller, McVey, O'Brien, Osborn, Patterson, Perigo, Pra 
ther, Reese, Rice, Richards, Richardson, Riford, Sabin, Shoaff o 
Allen, Shuey, Spencer Stuart, Stuckey, Sullivan of Scott, Sullivai 
of P. k v., Trusler, Upson, Veach, Weikel, Welch, White, Woodruff 
Wright, Woods, Zeigler and Mr. Speaker— 68. :.. 

There being a quorum present, the further call was dispense 

with. . .. ■ ■-- : ., , ; , y 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Shuey, 
the further reading thereof was dispensed with. 

The Journal, as reported by the Clerk, was then approved. 

Message from His Excellency the Governor, by his Private Saprij 
tary, Mr. Jacobs. 

To the Senate and , ; , 

House of Representatives : 

I beg leave to respectfully call your attention to the propriety 
passing a Joint Resolution, asking Congress to make a donation 
lands to the company incorporated under the laws of this State 
construct a harbor at Michigan City. 

Some forty years ago there was cut oflFfrom the Territory of Micl 
gan a strip of land ten miles in width, which was added to the Sta 
of Indiana, for the purpose of affording her a lake harbor. For t 
purpose of constructing a harbor at Michigan City, the Governme 
made appropriations, extending through a series of years, amounting i 



167 

the aggregate to about^$135,000, but these were given in such small 
sums, and at intervals so distant from each other, as to render them 
comparatively ineffectual ; yet, with all these drawbacks, a harbor 
was made, which, for some years, gave to our State quite an amount 
f of shipping. On the completion of the Michigan Central Railroad, 
the harbor at Michigan City was abandoned by the Government, and 
for want of repairs, and being exposed to the storms of the lake, the 
upper works which had been erected, were gradually loosened and 
fell, and the sand drifting across the cribs, finally choked up the 
mouth of the creek, and the harbor became inaccessible to any but 
small fishing vessels. 

Citizens of Indiana, convinced that the State should have a port on 
our great inland seas as well as Ohio and Illinois, formed a Company 
under the laws of the State, for the purpose of rebuilding this har- 
bor. To this Company, Congress ceded all the Government work that 
ijremained, and gave permission for the work to be prosecuted as had 
already been successfully done by a Company at Milwaukee, under a 
like cession by the Government. The Michigan City Harbor Com- 
pany are thoroughly organized, and already stock has been sub- 
scribed to the enterprise, amounting to $135,000 ; and assurances 
have been received by the Company that the L. N. A. & C. R. R. 
Company will take stock to the amount of $100,000 as soon as it is 
ascertained that the bal-ance necessary to complete the work can be 
procured. 

Competent engineers employed to examine the work, have estimated 
that the entire amount required to complete the work and secure to 
our State a permanent lake harbor, will not exceed $300,000. 

On the benefits to be derived by our State from the establishment 
of a port of entry and departure on its northern borders, it is diffi- 
cult to place too high an estimate. In the transportation of wheat 
from points north of the Wabash, fifteen cents per bushel will be 
saved the producer, that being the difference between railroad and 
lake transportation. Salt from Saginaw, which is extensively used 
by our packers, with this harbor completed, could be delivered at 
j Michigan City as cheaply as at Chicago, thereby resulting in an 
immense saving to the people of Indiana who reside north of the 
1; Wabash. The iron mines of Lake Superior, too, would be opened 
j to our State, and in view of our coal beds and the vast quantities of 
\ bog ore which is so valuable when mixed with the Lake Superior 
i iron, the proprietors of mines on Lake Superior would erect blast 
i furnaces and rolling mills in Indiana, shipping their crude ore to this 



168 

State for that purpose, and therefore furnish a market for the coal 
and iron deposits of our State. There would also be a saving of 
some forty per cent, on pine lumber, as it could be delivered at 
Michigan City at the same rates as at Chicago. The limits of this 
communication would not permit an enumeration of all the advan- 
tages to result to the State from the construction of a harbor on its 
northern border ; a few of them, only, have been alluded to. 

In asking Congress to grant to the Company a donation of lands 
to aid in the construction of the harbor, the General Assembly 
would only be soliciting that numerous precedents furnished by 
land appropriations in aid of other public works, should be followed. 
I respectfully recommend the passage of a joint resolution, request- 
ing Congress to make a donation of lands to aid in the completion of 
the wcflrk. 

CONRAD BAKER, 

Lieut. Governor, acting Governor, 

On motion by Mr. Higgins, v , 

The message was referred to a select committee of five. 
Which was agreed to. 

PETITIONS, MEMORIALS, AND REMONSTRANCES. 

By Mr. Crook : , . ; 

A petition from citizens of Washington County, on the subject of 
Temperance. 

Which, on motion, : • 

Was referred to the Committee on Temperance. 

By Mr. Boyd : 

Several memorials from different parts of the State, asking for a 
law curtailing the hours of labor from ten, to eight hours- per day. 
Which, on motion, /- ..; 

Was referred to the Committee on Agriculture. ■ '..■ 

By Mr. Burwell : . 5 , 

A memorial from the Commissioners of Wells County, asking for 



169 

i modification of tlie law for the relief of the famines, of soldiers' 
jeamen, marines, &c. 

Which, on motion, 

Was referred to the Committee on Ways and Means. 

By Mr. Johnson : 

A memorial from the Commissioners of Jasper County, on the 
saujc subject. 
Which was referred to the Committee on Ways ans Means. 

By Mr. Meredith : 

A memorial on the same subject from the Commissioners of Algo 
County. 
Which was referred to the Committee on Ways and Means. 

By Mr. Wooda: 

A memorial from sundry citizens of Lake County, on the subject 
pf Temperance. 
Which was referred to the Committee on Temperance,. 

By Mr. Meredith : ,, /, , •: 

A memorial from sundry citizens of Terre Haute, Ind., on the 
>ame subject. 
Which was referred to the Committee on Temperance. 

By Mr. Rice : 

A memorial from sundry citizeris of the State, praying the repeal 
if the Black Laws. 

Which, on motion. 

Was referred to the Committee on the Rights and Privileges of 
che Inhabitants of the State, i , , , 

By Mr. Burton : 

A memorial from Nathan Brown, claiming to have discovered the 
jause of the disease known as "Milk Sick," and asking compensa- 
jdon therefor. 

! On motion by Mr. Burton, 

It was referred to a Select Committee of five. 

By Mr. Glazebrook : 

Several memorials from the County of Marshall on the subject of 
Temperance. 

Which were referred to the Committee on Temperance 



170 

By Mr. James : 

Several memorials from the County of Grant, on the subject of 
Temperance. 

Which was referred to the same committee. 

By Mr. Groves : 

A memorial from the Commissioners of Vermillion County, in ref- 
erence to the relief of soldiers' families. 

Which, on motion, 

Was referred to the Committee on Ways and Means. 

REPORTS FROM STANDI^'G COMMITTEES. ' ' 

Mr. Miller, from the Committee on Ways and Means, made thei 
following report : 

Mr. Speaker: 

The Committee en Ways and Means, to whom was referred House' 
bill No. 21^^, have had the same under consideration, and direct | 
me to report the same back to the House with the following amend- 
ments, and when so amended, recommend its passage : 

Amend the title by striking out the word " section," in the sec- 
ond line. Strike out all after the words, " such purpose," in the 
twelfth line, and insert, " or prescribes the duty of any officer for 
the year eighteen hundred and sixty-six, or requires the tax for 
the year eighteen hundred and sixty-six to be paid into the State 
Treasury, and providing for the disposition of the taxes raised 
under said act for the year eighteen hundred and sixty-five, and 
declaring an emergency for the immediate taking effect of this 
act." Strike out all after enacting clause, and insert — " That all 
that portion of said act which levies a tax for the year eighteer 
hundred and sixty-six, or prescribes the duties of any officer for 
said year eighteen hundred and sixty-six, or requires any portion 
of the tax for the year eighteen hundred and sixty-five, to be paio 
over by the County Treasurers to the State Treasurer, be, and the 
same is hereby, repealed. 

2d. The Treasurers of the several counties shall pay over tc 
the State Treasurer seven per cent, of all the tax levied and col- 



171 

lected for the year eighteen hundred and sixty-five, under said act 
for sanitary purposes, or the payment of any claim against the 
Sanitary Commission of the State of Indiana, to be applied as the 
Governor may direct, and all the balance or residue of said tax 
after the payment of the claims arising under said act to the per- 
sons entitled thereto, residing in the counties where collected for 
the year eighteen hundred and sixty-five, shall go into the gen- 
eral county fund of the several counties where collected, and should 
there be an insufBcient amount in any of the counties to pay all 
the claimants under said act for said year 1865, then the whole 
amount collected in said counties shall be divided pro rata among 
the claimants, according to their several claims. 

Whereas, An emergency exists for the immediate taking effect of 
this act, it shall therefore be in force from and after its passage. 

On motion, ; > . 

The report was laid on the table. 

Mr. Trusler, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : '■..., i 

The Judiciary Committee, to whom was referred House bill No. 
169, respectfully report that they have had said bill under considera- 
tion, and recommend that it be indefinitely postponed. 

The report was concurred in, and House bill No. 169 indefinitely 
postponed. 

Mr. Kilgore, from the Judiciary Committee, made the following 
report: 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 
91, respectfully report that they have had the same under considera- 
tion, and, in their opinion, further legislation on the subject being 
unnecessary, recommend that said bill be indefinitely postponed. 

House bill No. 91. A bill to authorize the discharge of Bonds, 
Executors and Guardians, upon application to sell real estate. 



172 

On motion, 
The report was laid on the table. 

Mr. Rice, from the Judiciary Committee, made the following re- 
port : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 
166, respectfully report that they have had the same under consid- 
eration, and recommend its indefinite postponement. 

House bill No. 166. A bill to amend the one hundred and forty- 
eighth section of an act entitled " an act providing for the settlement 
of decedents' estates, prescribing the rights, liabilities and duties of 
officers connected with the management thereof, and the heirs there- 
to, and certain forms to be used in ^uch settlements, approved June 
17, 1852." 

The recommendation of the Committee was concurred in, and the 
bill indefinitely postponed. 

Mr. Rice, from the Committee on the Judiciary, made the follow- 
ing report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
157, respectfully report that they have had the same under consider- 
ation, and recommend that said bill be indefinitely postponed. 

Mr. Lasselle moved to refer said bill and report to a special com- 
mittee of three, and to report to-morrow morning. 
Which was agreed to. - 

Mr. Spencer moved to reconsider the vote whereby House bill No. 
166 was indefinitely postponed. 

Mr. Brown moved that the motion to reconsider be laid on the 

table. 

Which was agreed to. 

The Speaker announced the following Select Committee : 



173 

Committee on House bill No. 157 : — Messrs. Lasscllc, Miller and 
Humphreys. 

» Mr. Sim offered the following resolution: 

Resolved, As the opinion of this Legislature that one of the 
greatest dangers impending on the country arises from the general 
tendency to the centralization of power, and the consolidation of 
wealth in the hands of large corporations wholly irresponsible to the 
people. 

Resolved^ That such tendency is daily illustrated among us in the 
management of Railroad Corporations throughout the country, 
which, combining and confederating together, have advanced rates 
to such an extent as to be extortionate upon the traveling and tra- 
ding community. 

Resolved, That it is the duty of the present Legislature to take 
immediate measures to protect the public from the combinations, 
consolidations and extortions of the different Railroad Companies of 
the State, and to that end they should fix a reasonable tariff of 
charges for all roads, and compel them to receive and transport 
freight in the order it may be offered, and without favoritism of any 
kind; and in default theveof their charters sliali be declared for- 
feited to the use of the State. 

On motion by Mr. Sim, 
The foregoing was referred to the Committee on Railroads. 

Mr. Woods moved to reconsider the vote just taken. 
Which was not agreed to. 

Mr. GriJOfith asked leave of absence for the Committee on State 
Prison North, from Tuesday until Thursday of next week. 

Mr. Brown moved to lay the application on the table. 
Which was agreed to. 

So leave was not c-ranted. 

The Speaker announced the following Select Committee on the 
memorial of Nathan Brown : 

\ Messrs. Branham, Sullivan of Scott, Woods, Miller and Burton, 



174 ■; 

Mr. Kilgore moved to reconsider the vote whereby leave of 
absence was not granted the Prison Committee North. 

Mr. Church moved to lay the motion on the table. .•■: . • 

Messrs. Kilgore and Lasselle demanded the ayes and noes. 

Those Avho voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Caldwell, 
Church, Cook, Cowgill, Cox, Crook, Davidson, Ferris, Glazebrcok, 
Gleason, Groves, Hamrick, Hargrove, Henricks, Ilershey, Hoover, 
Humphreys, Hunt, James, Johnson, Lane, Lee, Lemon, Lockhart, 
Lopp, Meredith, McVey, Newcomb, O'Brien, OUeman, Osborn, 
Perigo, Pinney, Prather, Rhoads, Richardson, Riford, Sabin, Shuey, 
Stuart, Sullivan of Scott, Sullivan of P. & Y., Weikel, Welch, 
Woods and Mr. Speaker — 51. 

Those who voted in the negative were, "' 

Messrs. Bird, Burnes, Burton, Burwell, Chambers, CofFroth, Good- 
man, Gregg, Griffith, Harrison, Higgins, Hogate, Howard, Kilgore, 
Lasselle, Litson, Miller, Milroy, Patterson, Reese, Rice, Richards, 
ShoaiT of Allen, Sim, Spencer, Stringer, Stuckey, Thatcher, Trus- 
ler, Upson, Veach, White, Woodruff and Wright— 34. 

To the motion did prevail. 

The Speaker laid before the House the following communication : 

To the Speaker and members of the House of Representatives : 

Gentlemen: Having been tendered the position of Cashier and 
Book Keeper for a Wholesale Jobbing House in the city of Rich- 
mond, Indiana, and that I may accept the same, I hereby tender to 
your honorable body my resignation as Assistant Clerk to take 
effect (to-morrow) Friday, the 24th inst. 

T. W. 0. BRAFFETT, 

Asaisi^i Clerk. 

ISIessage from the Senate by Mr. Wilson, their Secretary : 

Mr. Speaker : 

1 am directed by the President of the Senate to inform the House 



175 

that the Senate has passed the following engrossed bill thereof^ 
to-wit : 

Engrossed Senate bill No. 198. Entitled '■ an act repealing an 
act for the relief of the families of soldiers, seamen and marines, 
and sick and wounded Indiana soldiers in hospitals in the State and 
United States service, and of those who have died or been disabled 
\n such service, and prescribing the duties of certain officers therein 
named," approved March 4, 1865, and providing for the collection 
and disposition of the taxes levied in pursuance thereof, for the 
vear 1865, and providing when the same shall take effect, in which 
jthe concurrence of the House is respectfully requested. 

' , ■ ■■ 't ' 

' Message from the Governor by his Private Secretary Mr. Jacobs: 

,1 To the Senate and 

House of Representatives : 

I herewith respectfully transmit a communication from the Treasu- 
rer, Auditor and Secretary of State, and the Clerk of the Supreme 
Court in relation to the exposed condition of the public records, 
archives and papers of the State, especially as pertaining to the 
offices of the Auditor, Treasurer and Secretary of State. In view 
of the inevitable burthens in the shape of taxation, which must be 
borne by the public for some years to come, I would gladly avoid, 
if a sense of duty would permit, any suggestion, the effect of 
which might be to increase the levy for State purposes. But 
when the extreme danger of destruction to Avhich the public rec- 
ords are nowexposed, and the fact that the rents now paid for 
rooms and offices would, in a few years, procure safe depositories, 
and the additional fact that the value of these records cannot be 
estimated in dollars and cents, are all considered, sound economy, as 
iwell as duty to the public, would seem to require that some action 
i should speedily be taken to avoid so great a calamity as the destruc- 
tion of the archives of the State would be. It will be seen by the 
communication before referred to, and herewith transmitted, that the 
State officers suggest two plans for finding offices, without expressing 
a preference for either. One of these plans is to purchase the bank- 
1 ing House at the intersection of Illinois street and Kentucky ave- 



176 

nine; the other to build new offices on the grounds owned by the 
State- immediately north of the State House. I have given the sub- 
ject some consideration, and, in my judgment, safety, economy and 
good policy, would dictate the purchase of the building before men- 
tioned, if it can be procured on reasonable terms. 

The considerations in favor are that, without any addition thereto, 
it is believed the building can be made to accommodate the Auditor, 
Treasurer and Secretary, of State, on the first floor, and furnish a 
room for each of the Judges of the Supreme Court, and an audience 
room for their consultations and for the hearing of oral arguments, 
on the second floor. It also contains two superior vaults, in which 
the more valuable of the public records can be be kept. It is iso- 
lated and comparatively free from exposure to fire, possessing a 
metalic roof, and, in view of its position, might almost be considered 
as fire-proof. By its purchase the public records could at once be 
removed to a place of security, the payment of rents for rooms and 
offices would at once cease, and the General Assembly would, at the 
outset, know the whole amount necessary to be expended to accom- 
plish the object. Besides all this, if the lot and building should be 
purchased at a fair price, and the State should hereafter not need 
the same, there is not even a remote probability that the property 
could not at any future time be sold for its original cost. If, how- 
ever, on the other hand, the plan of building ol^ces should be adopted, 
the building would not probably be completed short of a year from 
this time, during which rents would continue to be paid, and the 
public records would continue to be exposed to destruction. The 
cxpenditues, also, would doubtless be much greater than would be 
required to purchase the building before alluded to ; and whatevei 
the estimates might be, the ultimate actual cost of the building woulc 
be a matter of conjecture, and would never be ascertained until th( 
work was completed. 

At ray request, a diagram has been prepared, showing the numbei 
and situation of the rooms and vaults of the bank building befon 
mentioned, and also the size and shape of the lot upon which it h 
situated, which diagram is herewith respectfully submitted. In viev 
of the whole subject I earnestly recommend that a Joint Coramittet 
of both Houses be at once appointed to visit and inspect the offices 
of the Auditor, Treasurer and Secretary of State, and their sur- 
roundings, to inquire into the amount of rents paid by these officers 
and by the Judges of the Supreme Court for their chambers, and t( 
consider the suggestions of the State officers contained in the com- 



177 



munication herewith submitted, with instructions to the committee to 
report at an early day in favor of such action as all the circumstan- 
joes and the public interest may require. 
I CONRAD BAKER, 

Lieutenant Governor, acting as Governor. 

^''^ t'ke Senate and House of Representatives : i 

Gextlemen: We respectfully, but most earnestly, ask the early 

utention of your honorable bodies to the dangerous and exposed 

iLondition of the public archives, records and papers of the State 

and urge upon you the speedy adoption of measures for their safety 

and preservation. 

The offices of Secretary, Auditor and Treasurer of State, sur- 
•ounded as they are, by business houses, mechanic shops, and with 
;he numerous occupants of the upper stories of the building, could 
lot, if a fire should break out, be saved from almost total destruc- 
ion. Any one who will take a survey of the premises and the sur- 
oundings, must be forcibly impressed with the impending danger. 

Some safe and convenient building should be provided at once for 
hose offices, as also for Hhe Superintendent of Public Instruction, 
l^udge of the Supreme Court, &c. 



Several plans have been suggested, among which may be men- 
ioned the following : 

The purchase of the State Bank building, at the intersection of 
Uinois street and Kentucky avenue, which, by an addition of 40 or 
• feet at the south end, could be made to answer fully the pur- 
)Ose. 

x\nother plan is its purchase for the use of the three officers first 
lamed, for which its present condition, with its vaults, &c., is proba- 
ily entirely adequate. The upper story could probably be modified 
o as to afford rooms for the officers other named. 

It has been proposed to erect, on the half square north of the 
Hate House (now occupied temporarily for barracks), a substantial 
wo story brick building, of sufficient size to afford offices for all the 
<tate officers, and a room for the Supreme Court, This would be 
related, safe and convenient, and its cost would not exceed what 
.vould otherwise have to be paid for rents in a few years. An im- 
jtortant consideration in such a building would be the fact of its 
iffording, if properlv constructed, rooms for all the officers of State 
i H. J.— 12 



178 

during the erection of a State House, wliich, it must be admitted 
by all, cannot be deferred many years, and whicli, when begun, will, 
require two or three years for completion. 

It is respectfully suggested that the subject be referred to a Cora 
mittee of your honorable bodies for investigation, and for such rem- 
edy as the dangerous condition of affairs may seem to demand, 

JOHN I. MORRISON, Treasurer of State. 
NELSON TRUSLER, Secretary of State. 
T. B. M'CARTY, Auditor of State. 
LAZ. NOBLE, Clerk of Supreme Court. 

Mr. Miller being in the chair, 

SPECIAL ORDERS FOR THE DAY, 

Were called for. 

House Joint Resolution No. 1. A Joint Resolution proposing ani 
amendment to the Constitution by striking out the 13th article 
thereof, 

Was taken up, K 

Mr. Newcorab moved that the further consideration of said Reso- 
lution be postponed till 7 o'clock this evening. 
Which was not agreed to. 

Mr. Rboads moved the previous question. 

Messrs. Lockhart and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Boyd, Chambers, Cook, Crook, Davidson, Gregory oi 
Montgomery, Gregory of Warren, Higgins, Hoover, James, Lane,^ 
Litson, Lockhart, Miller, Reese, Rhoads and Stringer — 17. 

Those who voted in the negative were, ■;. - 

Messrs. Abbett, Atkinson, Bird, Bonner, Brown, Burnes, BurtODj 
Burwell, Buskirk, Church, Coffroth, Collins, Cowgiil, Cox, Croanj 
Ferris, Foulkc, Glazebrook, Gleason, Goodman, Gregg, Griffith 
Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Hogate 
Howard, Humphreys, Hunt, Johnson, Kilgore, Lasselle, Lee, Lemon 



179 

Lopp, Meredith, Milroy, McVey, Newcomb, O'Brien, Olleman, Os- 
born, Patterson, Perigo, Pinney, Prather, Rice, Richards, Richard- 
son, Riford, Roach, Sabin, ShoafT of Allen, Shuey, Sim, Spencer, 
Stuart, Stuckey, Sullivan of Scott, Sullivan of P. & V., Thatcher, 
Trusler, Upson, Veach, Weikel, Welch, White, Woodruff and Wright 
^72. 

So the motion for the previous question was not seconded. 

Mr. Church, by unanimous consent, offered the following resolu- 
' tion : 

Resolved^ That Capt. T. W. 0. Braiffett, on retiring from his place 
as Assistant Clerk of this House, has the thanks and confidence 
thereof, for his gentlemanly deportment and faithful discharge of his 
official duties. 

Which was agreed to. 

Mr. Milroy obtained leave to offer the following resolution : ^ 

Resolved, That the State Librarian be directed to procure and 
place on the desk of each new member a copy of the Revised Stattites 
by Gavin and Hord. 

Which was not agreed to, '' 

Mr. Ilenricks obtained leave, and offered the following : 

Office of State Librarian^ \ 

Indianapolis, Nov. 23, 1865 / 

Names of those appointed at the Furnaces and Wood Department, 
whose labors began Friday, Nov. 10, 1865: 

Firemen, — Wm. A. Dunn, Henry Coleman, Martin Pfeuner, Tho8. 
Morrow. 

Wood Sawyer, — James Lyons. 

Resolved, That the above named persons be placed upon the list of 
employees of this House, and that they be entitled to pay from the 
Ute of their employment as therein stated. 
' Which was -agreed to. 

fl On motion by Mr. Abbett, 
The House adjourned. 



9 A* 



clock: p. 



180 

N 

. . , .•^•v,-{ ;■ .,■ .'. ■-.-'■■ '. ■■.. ■ 

'ihe House met. r 

SPECIAL ORDERS FOR THE DAY. 

House bill No. 156. A bill imposing on Clerks of the several 
Circuit Courts, the duty of preparing applications for back pay, back 
pay and bounty, balances and bounty, half pay and pensions, creating 
a State Agent for soldiers' claims, to represent the same, imposing 
on certain oflBcers the duty of preparing and certifying documentary 
evidence in connection with such memorials, prescribing the duties of 
such officers, and imposing penalties for violating their duties. 

Was taken up, and the amendments heretofore submitted by the 
Special Committee, were read. ,^^ j 

The question being on agreeing to the amendments as reported by \ 
?aid Committee. 

Mr. Griffith moved that when the House adjourn, it meet again at 
7 o'clock this evening. 

Which was not agreed to. 

The question being on agreeing to t he amendments as recom- 
mended by said Committee. 

They were agreed to. . 

On motion by Mr. Pettit, 

House bill No, 156 was considered as engrossed and read a third"! 

time. j 

And the question being, shall the bill pass ? 

Those who voted in the affirmative were, ' 

Messrs. Atkinson, Bonner, Boyd, Burnes, Church, Cowgill, Cox,- 
Crook, Davidson, Ferris, Foulke, Gleason, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Henricks, Hershey^ 
llogate, Hoover, James, Johnson, Kilgore, Lane, Litson, Lockharty 
McVey, Newcomb, Olleman, Patterson, Prather, Reese, Riford, 
Sabin, Shoaff of Jay, Shuey, Sim? Stuart, Sullivan of P. & Y.j 



181 

Trusler, Veaeh, Welch, Wright, Woods, Zeigler and Mr. Speaker 
—47. 

Those who voted in the negative were, 

Messrs. Abbett, Brown, Burton, Burwell, Buskirk, Caldwell, Col- 
lins, Glazebrook, Goodman, Gregg, Hargrove, Howard, Humphreyg, 
Hunt, Lee, Lemon, Lopp, Milroy, O'Brien, Osborn, Perigo, Pinney, 
Rhoads, Rice, Richardson, Roach, Spencer, Stenger, Stringer, 

, Stuckey, Sullivan of Scott, Weikel, White and WoodrnflF — 34. 

t So the bill did not receive a constitutional majority. 

The Speaker laid before the House the following communication 

from the State Auditor: ".'. " 

Hon. John U. Peftif, Speaker of the House of Representatives: 

Sir : I have the honor to transmit herewith, in advance of publl- 
•cation, statements No. 1 and No. 2 from my Annual Report to the 
Governor, showing the receipts and disbursements during the fiscal 
year ending October 31, 1865, the condition of the Treasury at that 
date and the operations of the various Trust Funds, and have to 
request that you will submit the same to the House over which you 
preside. 

I am Sir, very respectfully, 

Your obedient servant, 

T. B. McCARTY, 

Auditor of State. 

On motion by Mr. Kilgore, 
The House agreed to go into the election of an Assistant Clert 
on to-morrow, at 10 o'clock, A. M. 

On motion by Mr. Kilgore, 
The House adjourned. 



182 

FRIDAY MORNING, 9 o'clock, 
November 24, 1865. 

House met pursuant to adjournment. 

The Clerk proceeded to read the Journal of yesterday, whea 

On motion by Mr. Griffith, 
The further reading thereof was dispensed with. , 

The Journal, as reported, was then adopted. 

PETITIONS, MEMOMALS AND REMONSTRANCESk . ,; , 

The Speaker laid before the House a memorial from Gabriel God- 
frey, and fifteen other Miamies, asking the General Assembly to 
remove the present disabilities which exclude them from testifying in 
courts of justice, and from the common schools. 

Which was read, and, on motion, was referred to the Committee 
on Education. , , 

Also, a memorial and accompanying bill, from the Grand Camp of ( 
the Hosts of Temperance. j 

Mr. Shuey moved to refer the memorial and accompa^nying draft 
for a bill to the Committee on Temperance, and that 200 copies of 
the draft for the bill be printed. 

Mr. Lane moved to lay the motion to print on the table. 
Which was agreed to. 

The question to refer the memoria^l and bill to the Committee oa 
Tomperance was then agreed to. ,.' 

By Mr. Stringer : 

A memorial from the Commissioners of Dearbora county, asking; 
for a modification of the law " for the relief of families of soldiers^ 
seamen and marines, &c.," approved March 4, 1865. 

Which was referred to the Committee on Ways and Means. 

By Mr. Lane : 

A petition from sundry citizens of the county of Putnam,, praying 
for a change in the law licensing the sale of intoxicating liquors. 
Which was referred to the Committee oa Temperance. 



183 

By Mr. Miller : 

A memorial from John Pettit, and numerous other citizens of 
Tippecanoe county, asking for the repeal of the Black Laws, and 
such other legislation as will secure to the colored people, the right 
to testify in courts of justice, and the benefit of the common school 
system. 

Which, on motion, was referred to the Committee on the Rights 
and Privileges of the Inhabitants of the State. 

By Mr. Litson : 

A memorial from sundry citizens of the State on the subject of 
roads. 

Which was referred to the Committee on Roads. 

By Mr. Wright : 
Sundry claims. 

. Which were referred to the Committee on Claims. 

REPORTS FROM COMMITTEES. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : ' 

Mr. Speaker : ■ . . 

The Judiciary Committee to whom was referred House bill No. 
183 entitled " an act to encourage education by authorized trustees, 
to levy taxes in certain cases, regulating the same and declaring an 
emergency," respectfully report that legislation on the subject it* 
inexpedient at this time, because the bill as referred to us is liable 
to the same objections as were made and sustained in the case of 
Black vs. Greencastle Township, 5th Ind., page 557. 

And should the bill pass it would, necessarily, involve officers and 
tax-payers in litigation, and inasmuch as the State school tax has 
been increased about 60 per cent, your committee are of the opin- 
ion that the extra tax proposed to be levied by the bill would be 
, onerous and objectionable, therefore they recommend that said bill 
be laid on the table. 

Which was concurred in. 



184 1 

By Mr. Newcomb : 
Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 
96 entitled " an act to provide for the call of a convention of the 
people of the State of Indiana, to revise, amend or alter the Con- 
stitution of said State, to defray the expenses of said Conven- 
tion, to submit the Constitution as amended to a vote of the 
people, and all other things necessary to give force to this act,"' 
respectfully report that they have had the same under consideration, 
and in their opinion legislation on the subject is inexpedient at the 
present time, therefore they recommend that said bill be indefinitely 
postponed. 

Which recommendation of the committee was concurred in. 



Mr. Newcomb, from the Judiciary Committee, made the following 
report : 

Mr. Speaker : ^. 

The Judiciary Committee, to whom was referred House bill No. 
212 entitled a bill to legalize the appraisement of real estate 
made under the provision of the act entitled " an act to provide for 
the appraisement of real estate and prescribing the duties of 
officers in relation thereto," approved December 21, 1858, respect- 
fully report that they have had the same under consideration and 
recommend the passage of said bill. 

Which was laid on the table. 

Mr. Newcomb, from the Judiciary Committee, made the following 
report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
205, entitled " a bill to provide for a more speedy settlement of the 
claims against defaulting State and Township officers," respectfully' 
report that they have had said bill under consideration, and that in 
their opinion said bill is unconstitutional, and that legislation on the 
subject is inexpedient, and that said bill be indefinitely postponed. 

The report was concurred in, and said bill indefinitely postponed. 



185 

Mr. Newcomb, from the Committee on the Judiciary, made the 
follo\ving report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill No 
142, entitled " an act to amend sections 4 and 5 of an act entitled 
'an act to authorize Judges of the Circuit Courts and Common Pleas 
Courts to appoint Master Commissioners, and defining the duties, 
and fixing the compensation of such Master Commissioners, ap- 
proved March 2d, 1853,' "' respectfully report that they have had 
said bill under consideration, and herewith report back said bill to 
the House, and recommend that it be indefinitely postponed. 

The report was concurred in, and said bill indefinitely postponed. 

Mr. Miller, from the Committe on the Organization of Courts of 
Justice, made the following report : 

Mr. Spe aker : . 

The Committee on the Organization of Courts of Justice, to whom 
was referred Senate bill No. 210, entitled 'i an act to revise, simplify 
and abridge the rules, practice, pleadings and forms in civil cases in 
the Courts of this State, &c., approved June 18,1852," have had the 
same under consideration, and direct me to report it back to the 
House, and recommend that it do pass. 

Which report was laid on the table. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, offered the following report : 

Mr. Speaker : 

The Committee on the Organization of Courts of Justice, to 
whom was referred Senate bill No. 145, entitled " an act providing 
for compensation for Judges holding Courts of Common Pleas, in cer- 
tain cases," have had the same under consideration, and direct me 
£0 report the same back to the House, and recommend its passage. 

Which report was laid on the table. 



186 

Mr. Church, from the Committee on the Organization of Courts of 
Justice, made the following report : 

Mr. Speaker : 

The Committee on the Organization of Courts of Justice, to whom 
•was referred House bill No. 87, have bad the same under considera- 
tion, and direct me to report the same back to the House with a 
recommendation that it do pass. 

On motion, 
The report was laid on the table. 

Mr. Burwell, from the same committee, made the following re- 
port : 

Mr. Speaker: 

i 

The Committee on the Organization of Courts of Justice, to whom' 
was referred a resolution instructing said Committee to inquire into 
the expediency of reporting a bill providing for the purchase and dis- 
tribution of Gavin and Hord' s Statutes to Justices of the Peace and 
Township Trustees, have inquired into the same, and directed me to 
report. that the benefits to be derived from such a procedure, would 
not justify the great expense attending it, and recommend that the 
resolution do lie on the table. 

Which recommendation of the Committee was concurred in. 

^Mr. Burwell, from the Committee on the Organization of Courts ofj 
Justice, made the following report : 

Mr. Speaker: 

The Committee on the Organization of Courts of Justice, co whora« 
was referred House bill No. 154, entitled "a bill to amend the 7th 
section of an act entitled ' an act providing for the election of Clerks 
of Circuit Courts, and prescribing some of their duties,' " approved 
June 7th, 1852, have had the same under consideration, and have 
directed me to report it back with the recommendation that it lie on 
the table, for the reason that House bill No. 181, on the same sub- 
ject, has been examined by the same Committee, and its passage re- 
commended. 

Which report was laid on the table. 



187 

Mr. Gregory of Warren, from the Coiamittee o^n Education, made 
:he foil owing report : 

Mr. Speaker : 

The CorDtnittee on Education, to whom was referred House bill 
N"o. 82, offered by Mr. Meredith, of Vigo County, beg leave to re- 
port that they have examined the same, as they did at the last ses- 
sion, and now (as then) report that they are favorable to said bill,, 
and recommend its passage. 

Which report was laid on the table. 

Mr. Gregory of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

The Committee on Education, to whom was referred House bill 
.'No. 235, to provide for the appointm'eTit of a commissioner who, in 
conjunction with the various County Auditors of the State, shall ex- 
amine the records of the school funds, held in trust by the counties^ 
for the purpose of determining the amount and safety of said funds,, 
md matters properly connected therewith, providing for the salary 
}f said Commissioner, and making County Commissioners and the 
Superintendent of Public Instruction final referees in cases of disa- 
greement between the said Commissioners and the County Auditors-,, 
beg leave to report that they have considered the same, and would 
vecommend its passage. 

Which report was laid u-pon the table. 

Mr. Trusler, from the Committee on Military affairs, made the fol- 
lowing report t 

Mr. Speaker: 

The Committee on Military Affairs, to whom was referred joint reso- 
lution No. 10, instructing our Senators and requesting our Represen- 
tatives in Congress to use their influence and cast their votes in favor of 
a law placing all persons injured or killed, and their widows and minor 
children, upon the pension roils of the United States upon an equal- 
ity with those injured or killed in the regular service, respectfully 
report back to the House that they have had the same under consid- 



188 

•eration, and as the same subject is embraced in Senate Resolution 
No. 5, that passed at the last session, they recommend the indefinite 
postponement of said resolution. 

Which recommendation was concurred in. 

Mr. Lockhart, from the Committee on Railroads, made the follow- 
ing report : 

Mr. Speaker: . , , , ; ,• 

The Committee on Railroads to whom was referred House bill No. 
211, have had the same under consideration, and have ordered me to 
make the following report: 

To amend section 2d by m.aking the notices sixty days instead ol 
thirty. Also to give notice in at least one paper of the County for, 
sixty days before sale. I 

Also, after five years, all sums of money remaining unclaimed, tc 
be paid into the County Treasury, to be placed to the account of 
?the Common School Fund, and when so amended, would recom- 
mend its passage. ■••,(/, 

Which report was laid on the table„ 

Mr. James, from the Committee on Corporations, made the follow-' 
ing report : 

Mr. Speaker : " ' ■ ' ■ ''' 

The Committee on Corporations, to whom was referred SenaM 
bill No. 141 a bill to amend the 2d, 5th and 6th sections of an ace 
■entitled " an act concerning the organization of voluntary associa- 
tions, and repealing former laws in reference thereto," approvec 
'February 12, 1855, have had the same under consideration and 
instructed me to report the same back to the House and recommenc 
that it do pass. 

Which report was laid on the table. 

Mr. Hamrick, from the Committee on Corporations, made tb( 
following report : 

Mr. Speaker: 

The Committee on Corporationfi, to whom wa,8 referred sundr^ 



189 

petitions and memorials from citizens of Laivrenceburg, would rep- 
■esent that as the petitions referred to in fiaid memorials arc not in 
he possession of this House, and as such powers and privileges as 
nay be necessary for said city will be embodied in a general bill 
low in course of prepai-ation, the committee would recommend that 
;aid memorials be laid upon the table. 
Which was concurred in. 

^Ir. Stuart, from the Committee on the State Library, presented the 
"oilowing report from the State Libraian : 

To (he Speaker and Members of the Mouse of Representatives : 

Though not required by the statutes to make a report at the 
present session of your honorable body, I nevertheless deem it a 
iuty to present to you an abstract statement of the condition of the 
lepartment which you have confided to my care and keeping. 

Since the last regular session but few additions have been made 
the Library, owing in part to the want of room for books, and the 
inusual high prices of standard works. I have efi'ected quite & 
lumber of exchanges for duplicate copies of Indiana Reports, and 
n this way have been enabled to husband the Library funds. The 
itanding appropriation for the current year was all exhausted when 
[ came into office, hence I have drawn from the fund appropriated 
it the last session, the greater part of which still remains in the 
State Treasury. 

Quite a large number of Reports, Journals, Laws and other public 
locuments have been received from different States, and the Cana- 
: las, a register of which may be found in the Library. 
; Among the additions to our Trophy Hall will be found the follow- 
1 ng: 

One hundred and twenty-eight flags belonging to infantry regi- 
, uents. 

Four flags belonging to cavalry regiments. 
Three flags belonging to batteries. 
Seventeen guidons. 

One rebel flag captured at Pleasant Hill, La., by the IGth Mounted 
-' Infantry, April 9, 1864. 

One large rebel flag, captured at Columbia S. C, and presented 
Gov. Morton by the 140th Regiment Indiana Volunteers, taken 
"rom the Capitol buildings. 
u ; One rebel flag captured at Columbia, S. C, by U. S. forces, Feb- 



190 

yaary 17, 186^, and presented to Gov. Morton by Adjutant Parks, 
of the l'2th Indiana Volunteers, 

One rebel black flag, raised bj the rebels on the College building 
at Russleville, Ky., and captured with a lot of ordnance stores, by a 
detachment of Company A., 50th Regiment Indiana Volunteers, 
under command of Lieut. McCoy. Deposited in the Library by 
Lieutenant Colonel T. T. Welles, 50th Regiment Indiana Volunteers. 

One saw-j5sh, deposited in Library by Abel Wilson, Company B., 
147th Regiment Indiana Volunteers. Captured at Indianola, Texas. 

One large tooth, found in the bed of White River twenty-five 
years ago. Deposited in Library by Thomas J. Brooks. 

One rebel sword, captured in action near McMinnville, Tenn., and 
presented by Capt. J. J. Howard, 17th Regiment Indiana Volun- 
teers. 

One breech loading cannon- made at Macon, Ga., for Forest's 
rebel cavalry. Captured at Selma, Ala., by the 17th Regiment 
Indiana Volunteers. Dug up from the Cemetery. <jj 

W^e feel much the need of more room for Library purposes, as 
v.'ell as for the Flags and Trophies that are now rapidly accumula- 
ting in our Trophy Department. When the rooms, now occupied jby 
the Adjutant General, are vacated, this inconvenience will be reme- 
died. And yet it may be well for your honorable body to consider the 
insecure and unsafe condition of the Library and relics of the war. 
In case of fire, it would be impossible to save from the conflagration, 
many of tho books snd trophies now in the Library ; and while tht 
books might, some of them, be replaced, no money could replace th( 
sad mementoes which tell of the part that Indiana has taken in thi: 
great struggle for the nation's life, and the preservation of that glo 
riotis Union bequeathed to us by the Fathers of the Republic. 

All of which is respectfully submitted, -i 

B, F. FOSTER, 

State Lihrarian- 

Which report was laid on the table. 

Mr. Griffith, from the Committee on the Northern State Prisoni 
made the following report : 

Mr. Speaker : 

The Committee on the Northern State Prison, to whom wi 



191 

referred a resolution respecting the mileage of Sheriffs, would 
respectfully report the following bill : 
The report was laid on the tabic. 

Mr. Rice, by consent, presented a petition from sundry citizens of 
Parke county, on the subject of Temperance. 

Which, on motion, was referred to the Committee on Temperance. 

Mr. Newcorab, by consent, presented a petition signed by two 
thousand three hundred and forty-six citizens of Marion county, on 
,the subject of Temperance. 

Which was referred to the Committee on Temperance. 

Mr. Crook, by consent, offered the following concurrent resolu- 
tion : 

"Whereas, under the present law regulating the Indiana State Prison 
(South), the Directors thereof ask an appropriation from the State 
Treasury at each session of the Legislature, to defray the expen- 
ses of said Prison ; and 

Whereas, in the opinion of this General Assembly, said institution 
can be so managed as to be self-sustaining, and bring a revenue 
into the State Treasury ; and, 

Whereas, The convicts in said prison have been leased for a term 
of years, expiring in 1867, at the remarkably low rate of 40 cents 
per day. Therefore, be it , 

Resolved., by the House of Ilepresenfatives (the Senate concurring) 
that the Hon. D. E. Williamson, Attorney General of this State, be 
instructed to inquire into the validity of the said contracts, and re- 
port to this General Assembly whether, is his opinion, the State can, 
in any way, be relieved from said contracts. 

Which was agreed to. 

Ordered, That the Clerk inform the Senate thereof. 

I 

t HOUSE BILLS AISID RESOLUTIONS. 

House bill No. 237. A bill to amend section 8o of an act to pro- 
vide for a general system of Common Schools, the officers thereof 
and their respective powers and duties, and matters properly con- 



192 

nected therewith, and prescribing the fees for certain officers therein 
named, and for the establishment and regulation of Township Libra- 
ries, and to repeal all laws inconsistent therewith, approved March 
G, 1865. 

Was read a first time, and referred to the Committee on Educa- 
tion. 

By Mr. Coffroth : 

House bill No. 238. A bill to authorize foreign guardians to take 
possession of personal property of their said Avards, and receive and 
receipt for moneys belonging to their said wards in this State, and 
sue for and recover such personal property or money, in the Courts 
of this State. 

Which was read a first time, and referred to the Committee oa the , 
Judiciary. 

By Mr. Shuey : 

House bill No. 239. A bill to authorize manufacturing compa- 
nies to erect a dam across the St. Joseph river in Elkhart county. 

Which was read a first time, and referred to the Committee on; 
Manufactures and Commerce. 

By Mr. Milroy: 

House bill No. 240. A bill to relieve County Auditors, Treasu-' 
rers, Township Trustees, Assessors and other officers, in certain 
cases, for the year 1865, from the penalties attached for the viola- 
tion of an act entitled " an act to discourage the keeping of useless 
and sheep-killing dogs,"' &c., approved March 2, 18G5, and declaring 
an emergency. - " ' 

Which was read a first time, and referred to the Committee on 
County and Township Business. 



By Mr. Hamrick : 

House bill No. 241. A bill to amend an act entitled "an act au- 
thorizing the construction of Plank, Macadamized and Gravel Roads, 
approved May 12, 1852. 

Which was read a first time, and referred to the Committee oe 
Roads. 



193 

By Mr. Stuart: 

House bill No. 242. A bill to amend sections 3 and 14 of an act 
entitled " an act to allow County Commissioners to organize turnpike 
companies, where three fifths of the persons representing the real 
estate within prescribed limits, petition for the same, and to levy a 
tax for its construction, and provide for the same to be free, approved 
March 6, 1865. . . , . . ; , 

Which was read a first time, and referred to the Committee on 
Corporations. 

By Mr. Miller: . ., r i. .r 

House bill No. 243. A bill to authorize the appointment of a 
commissioner to co-operate with other National and State authorities 
in forwarding to, and exhibiting, the agricullural, mechanical, manu- 
facturing, mineral, artistic and other products of the State of Indi- 
ana, at the Universal Exposition, to be held at the city of Paris, 
France, in the year 1867, and in their encouraging foreign immigra- 
tion to this State, and providing for the compensation and expenses 
of such Commissioner. 

Which was read a first time, and referred to the Committee on 

Agriculture, 

J, 
By Mr. Busk irk : , 'j, . ,. , . > 

House bill No. 244. A bill to provide for and regulate the issu- 
ng of licenses to Locomotive Engineers within the State of Indi- 
ana. 

AVhich was read a first time, and referred to a select Committee. 

By Mr. Rhoads : . ,., \ '■.. •. > ;• ', J^ • .:;;-, ,. . •■ ^. 

House bill No. 245. A bill to amend sections 12, 14, 18, 21, 26,. 
10, 41 and 42 of an act entitled "an act to provide for a -general 
ystem of common schools, the officers thereof and their respective 
(owers and duties, and matters properly connected therewith, and 
prescribing the fees for certain officers therein named, and for the • 
stablishment and regulation of township libraries, and to repeal all 
iws inconsistent therewith, providing penalties therein prescribed, 

Mr. Rhoads moved that it be deemed expedient to suspend the 
H. J.— 13 



Constitutional rule requiring bills to be read on three several days 
by sections, and that said bill be read by its title. 

The ayes and noes were taken under the Constitution. 

, . Those "who voted in the affirmative were, j j. , , 

^lessrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Burnes, 
Burton, Buskirk, Caldwell, Church, CofFroth, Collins, Cook, Cowgill, 
Cox, Croan, Crook, Davidson, Ferris, Foulke, Glazebrook, Gleason, 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, Higgins, 
Hogate, Hoover, Howard, Humphreys, James, Johnson, Kilgore, 
Lasselle, Lee, Lemon, Litson, Lockhart, Lopp, Milroy, Newcomb, 
O'Brien, Olleman, Osborn, Patterson, Perigo, Pinney, Prather 
Reese, Rhoads, Rice Richards, Richardson, Riford, Sabin, Shoaff of 
Allen, Shoaflf of Jay, Shuey, Sim, Spencer, Stuart, Stenger, Stuckey, 
Sullivan of P. & V., Thatcher, Trusler, Upson, Veach, Weikel, 
Welch, White, Woodruff, Wright, Woods, Zeigler and Mr. Speaker 
—84. 

Those who voted in the negative were, 

Messrs. Stringer and Sullivan of Scott — 1. 

So it was deemed expedient to suspend said Constitutional Rule, 
:and House bill No, 245 was read a first time by its title, and 
referred to the Committee on Eckication. 

By Mr. Osborn : 

House bill No. 246. A bill to amend the 10th section of an act! 
entitled " an act regulating the fees of officers, and repealing former' 
acts in relation thereto," approved March 2, 1855. 

Which was read a first time and referred to the Committee on 
;Fees and Salaries. 

Mr. Newcomb obtained consent and offered the followinjr resolu- 
tion : 

Resolved, That the Speaker be authorized to draw his warrent foi! 
the per diem of the officers and employees of the House, to be paid 
out of the appropriation heretofore made, or which may hereafter 



195 , 

be made to defray the expenses of this General Assembly at the 
follov/ing rates, to-wit : 

To the principal and assistant clerks, and their assistantp, to the 
number authorized by the resolution of the House heretofore 
adopted, five doUars per day each. 

To the principal doorkeeper, five dollars per day ; to his assist- • 
ants, George W. Bushy, M. J. Thomas, A. W. Stringer, Peter Wil- 
kins and J. W. Cochrane, four dollars each per day. 

To A. C. Cochrane, folding clerk, and George Douglass, assistant 
folder and mail carrier, four dollars per day each. 

To John T. Warner, spittoon cleaner and waiter, three dollars 
per day. 

To the five pages appointed by the Clerk and Speaker, two dollars 
per day each. 

To the Speaker's clerk, four dollars per day. ■ - 

To the two firemen in the basement, employed by the State Libra- 
rian on behalf of the House, three dollars per day each. 

Which was adopted. 

Mr. Henricks moved to reconsider the vote whereby the House 
ajireed to the resolution. 

AVhich was not agreed to. ■• " " ■• i ^ ■ 

By Mr. Groves: ; '> - '^ .-; f - ^ ^ ■■' ■ 

House bill No. 247. A bill concerning the collection of delin- 
quent taxes in the State of Indiana, and declaring an emergency. 

Read a first time and referred to the Committee on Ways and 
Means, 

By Mr. Gregory, of Warren: , 

House bill No. 248. A bill to amend the second section of the act 
for the incorporation of manufacturing and mining companies, and 
companies for mechanical, chemical and building purposes, approved 
,May 20, 1852, by extending the provisions of said section to any 
■companies heretofore incorporated for any of the purposes contem- 
plated in said act, and legalizing all conveyances heretofore received 
by such companies for such purposes. 

I Was read a first time and referred to the Committee on Corpora- 
tions. 



196 

Leave of absence Tras granted Mr. Higgins until Monday next. 

Mr. Thatcher, from the Committee on Printing, made the follow- 
ing report : 

Mk. Speaker : .' • , 

- • . ' ■ . ■1' ■./■ 

I am instructed by the Committee on Printing, to vrhora wag 
referred House bill No. 177, entitled "an act to amend section 143 
of fm act entitled an act amendatory of an act to provide for the 
publication of delinquent taxes," approved May 31, 1861, and 
recommend that said bill be amended by striking out the words 
twenty-five in the 5th and 6th lines thereof, and insert the word 
fifteen, and upon the adoption of said amendment the committee 
recommend the passage of the bill. ^ 

Which report, on motion, was laid upon the table. 

, \ 

By Mr. Gregg : ' ' . 

House bill No. 249. A bill to amend section five of an act enti- 
tled " an act to regulate and license the sale of spirituous, vinous, 
malt and other intoxicating liquors, to repeal all former laws contra- 
vening the provisions of this act and prescribing penalties for viola- 
tion thereof," approved March 5, 1859. 

Was read a first time and referred to the Committee on the 
Judiciary. 

By Mr. Sullivan, of Scott : 

House bill No. 250. A bill to repeal an act approved March 2,'. 
1865, to discourage the keeping of useless dogs, and providing pen- 
alties for the violations of said act and repealing an act to license 
dogs, approved March 11th, 1861, and providing that nothing in this 
act shall be so construed as to conflict with an act entitled " an act 
for the protection of sheep," approved June 15th, 1852. 

Was read a first time and referred to the Committee on Rights 
and Privileges. 

By Mr. Lasselle : • ■ ■ 

House bill No. 251. A bill to provide for taking the enumeration 
of all the white male inhabitants in the State over the age of twenty- 



197 

one years, and prescribing a penalty for the neglect of certain 
officers in relation thereto. 

Which was read a first time, and, 
On motion by Mr. Lasselle, 

"Was referred to a Select Committee. 

By Mr. Ferris : 

House bill No. 252. A bill to incorporate an additional section 
.in an act entitled " an act to provide for a general system of com- 
mon schools," the officers thereof, and their respective powers and 
duties, and matters properly connected therewith, and prescribing 
' the fees for certain officers therein named, and for the establishment 
and regulation of Township Libraries, and to repeal all laws incon- 
sistent therewith, providing penalties therein prescribed," approved 
March 6, 1865, and declaring an emergency, and declaring when 
this act shall take eflfect. 

Which was read a first time, and referred to the Committee on 
Education. 

The Speaker announced the following Select Committee on Mr. 
Brown's resolution in regard to examination of Rail Road Engineers; 

Messrs. Brown, Kilgore, Coffroth, Reese and Buskirk. 

SPECIAL ORDER FOR THE DAY. 

The special order for the day being the election of Assistant 
Clerk of the House. 

Mr. Kilgore nominated R. 0. Dormer. 

B Mr. Brown nominated Capt. Biford E. Long. , 

Messrs. Brown and Higgins were appointed tellers. 

The House proceeded to vote by a viva voce vote. 
When the following result was announced : 

( For Mr. Dormer, fifty-four ; for Mr. Long, thirty-five. 

"i Mr. R. 0. Dormer having received a majority of all the votes cast 

was, by the Speaker, declared duly elected Assistant Clerk of the 

House during the present term. 

Mr. Dormer then came forward and was sworn into office by th« 

Speaker and entered upon the discharge of his duties. 



198 

Mr. Gregory of Warren, moved to suspend tlio order of business, 
and take up House Joint Resolution No. 1. 

Which was agreed to. -j. ^■.(; !.» 

• ' .'-■ ; '.^ 

On motion by Mr. Lane, ■■ ... • ;/ 

The further consideration of said Joint Resolution was postponed 
till Tuesday evening, 7 o'clock, P. M. 

Mr. Buskirk asked, and obtained, leave to introduce :!■,«.;! 

House bill No. 253. A bill to amend the eight section of an act 
entitled " an act to fix the time of holding the Common Pleas 
Courts in the several counties in this Stote, the duration of the 
terms thereof, and making all process from the present Common 
Pleas Courts returnable to such terms, and declaring when the same 
shall take effect, and repealing all laws inconsistent therewith," 
approved March 5, 1859, and which eighth section was amended and 
approved March 11, 1861. i 

Which was read a first time and referred to a Select Committee. 

Leave of absence was granted Messrs. Hogate, Veach and How- 
ard, on account of sickness. '• 

The Speaker laid before the House the following communication : 

To the Speaker and 3I(mhers of the Iloiise of Jie2:>rese7itatives: 

Gentlemen : — In dissolving my relations with your honorable 
body I can but say that it is with many regrets that I do so. My 
official and social connections have been such as to create in me a 
warm and affectionate feeling for the members of this General 
Assembly, and on finally dissolving my relations with you, allow mc 
to express my gratitude and heartfelt thanks for the confidence 
reposed in, and the honor bestowed upon me by your honorable 
body. 

T. W. 0. BRAFFETT, 

Late Assistant Cleric. 

The Speaker announced the following Select Committee on House 
bill No. 253: , , , •;,, . 

Messrs. Buskirk, Major and Howard. 

The Speaker announced the following Select Committee on s< 



i 



199 

much of the Governor's message as rehites to the formation of a 
harbor at Michigan City : 

Messrs. Higgins, Miller, Buskirk, Newcomb and Collins. 

^Ir. Lane moved to suspend the order of business, and take up 
House bill No. 218. 
Which was agreed to. 

House bill No. 218. A bill to amend sections three and four of 
an act entitled "an act to regulate and license the sale of spirituous 
vinous, malt and other intoxicating liquors ; to prohibit the adultera- 
' tion of liquors; to repeal all former laws contravening the provisions 
of this act, and prescribing penalties for the violation thereof," 
approved March 5, 1859, and prescribing penalties in case of a sec- 
ond or subsequent conviction. 

The pending question being on the amendment offered by Mr. 
Lane, to those recommended by the Committee on Temperance. 
Pending which, 

On motion, ; '. "' M [:'■.' '''-.:•':;■' y .. 

The House adjourned. ;! • ; sjl^ ; ']■ I * f; uA ■;••;•, ■"■<. 



■ r.i.ii'. 
,,.i,t ■).-. 



( .1 



Ml 



9 a' 



Z CLOCK, P. M. 



The House met. 



The question being at the adjournment, on the amendment offered 
by Mr. Lane, to the amendments reported by the Committee on Tem- 
perance, to House bill No. 218. 

It was agreed to. ' ■ '' 

The amendments as reported by said committee were then agreed 
to. 

Mr. Rhoads moved to amend as follows : 

In amended section four, in line eight, after the word "required'' 
add the following : 



200 

"And that the said petition contains the signatares of a majority 
of the legal voters in such township or city wards." 

Mr. Higgins moved to lay the amendment on the table. . . jr 
Which was agreed to. 

House bill No 218 was ordered to be engrossed, and two hundred 
copies printed for the use of the House. 

Mr. Shuey moved to make said bill the special order for Wednesday 
next at 2 o'clock, P. M. 

Which was agreed to. i ,j,^^, ..^j 

Leave was granted the Committee on Federal Relations for the 
balance of the day. 

Leaveof absence was granted to Messrs. Stringer, Burton, Shuey, 
Weikle and Abbett. 

SENATE BILLS ON FIBST READING. ' ., , 

Engrossed Senate bill No. 198, A bill repealing an "act entitled 
an act" for the relief of the families of soldiers, seamen, and marines, 
and sick, and wounded Indiana soldiers in hospitals, in the State and 
United States service, and of those who have died, or been disabled 
in such service ; and prescribing the duties of certain officers therein 
named. Approved March 4, 1865, and providing for the collection, 
and distribution of the taxes collected in pursuance thereof for the 
year 1865 and providing when the same shall take effect. 

Was read a first time. 

Mr. Newcomb moved to refer said bill to the special committee 
heretofore appointed on soldier's homes. 
W^hich was agreed to. 

-.,.;, ,. SENATE BILLS ON SECOND READING. ' -^' •'!•' '.;■' 

Senate bill No. 25. A bill defining certain misdemeanors and 
prescribing punishment therefor. 

Was read a second time and passed to a third reading. ' ' 

Senate bill No 82. A bill to authorize cities to prepare, execute, 
negotiate and sell bonds, to provide means to complete unfinished 
school buildings, and to pay debts contracted for the erection of 
school buildings, and to authorize the levy and collection of an addi- 



201 

tional special tax to proviJe means for the payment of the interest 
and principal of such bonds. 

The question being on agreeing to the amendments heretofore 
reported by the Committee on the Judiciary. 
They were agreed to. 

The bill passed to a third reading. 

On motion by Mr. Shuey, 
House bill No. 125, was taken up and referred to a select com- 
mittee of three. ■ ^ 

Cn motion by Mr. Lane, 
House bill No. 164, was taken from the table and referred to the 
Committee on Roads. 

Senate bill No. 4. A bill to provide for the making and authenti- 
cation of transcripts from the records of the Recorder's office in cer- 
tain cases, and for the admissibility in evidence of the same, and cer- 
ified copies of the deeds and mortgages contained therein. 

Was read a second time and passed to a third reading. 

Engrossed Senate bill No. 70. A bill for the relief of any person, 
olaintiif in execution, all officers to whom execution may be issued 
)n any judgment, and sureties, and co-sureties in certain cases. 

Was read a second time and passed to a third reading. 

Engrossed Senate bill No. 60. A bill to amend the twenty-first 
section of an act entitled an act to authorize a company to construct 
he Aurora and Laughery turnpike, approved February 15, 1858. 

Was read a second time and, 

On motion by Mr. Newcomb, 
Was recommitted to the Committee on the Judiciary. 

Senate bill No. 61. A bill to amend section four of " an act con- 
iaining several provisions regarding landlords, tenants, lessors and 
jessees," approved May 20, 1852. 
! Was read a second time and passed to a third reading. 

Senate bill No. 115. A bill to amend section eleven of " an act 
;oncerning county prisons," approved May 27, 1852. 
Was read a second time and passed to a third reading. 



202 

Engrossed Senate bill No. 99. A bill requiring Clerks of tli( 
Circuit Courts and Courts of Common Pleas to make Indexes to th 
Record Books of their respective offices. 

Was read a second time and passed to a third reading. 

Senate bill No. 191. A bill to amend sections sixteen and forty 
seven of an act entitled " an act to provide for the opening, vaca 
ting and changing highways," approved June 17, 1852. 

Was read a second time and referred to the Committee on Roadfi 

Senate bill No. 8 4. A bill to amend section second of "an ac 
prescribing the powers and duties of Justices of the Peace, in Stat 
prosecutions," approved May 29, 1852, so as to authorize the sei 
vice of a warrant throughout the State. 

Was read a second time and passed to a third reading. 

Engrossed Senate bill No. 128. A bill making appropriations f( 
the payment of interest on the State University Bonds for the yeai 
1863 and 186-1. 

Was taken up, and. 

On motion by Mr. Newcomb, ' il 

Was laid on tlie table. . ■ , I 

Engrossed Senate bill No. 122. A bill in regard to weights ai 
measures, the custody thereof and fees for using the same. 

Was read a second time, and, 

On motion by Mr. Lane, ... • . . , ,, r 

Was referred to the Committee on County and Township But 
ness. 



Senate bill No. 47. A bill providing for compensation to parti 
whose property may be destroyed, or whose persons or property m 
be injured in consequence of mobs or riots. 

Was read a second time and referred to the Committee on t 

Judiciary. 

' ■ ::;■• ■■■:■,;,.., y. .1 

UOUSE BILLS ON SECOND READING. ■' 

r 

House bill No. 91. A bill to authorize the discharge of boii 
given by foreign executors, and guardians upon application to ^1 
real estate. 

Was taken up, and, on motion, indefinitely postponed. 



203 

Ilcuse bill No. 204. A bill legalizing the acts of Commissioners 
who have heretofore made deeds under the order of Circuit and 
Common Pleas Courts in this State, and sales made by executors, 
administrators and guardians under the orders of said Courts, and 
confirming the deeds so made and the title under the same. 

Was read a second time and referred to the Committee on the 
Judiciary. 

House bill No. 213. A bill to repeal so much of section first of 
an act entitled "an act for the relief of the families of soldiers sea- 
men and marines, and sick and wounded Indiana soldiers in hospitals 
'in the State and United States service, and of those who have died 
'or been disabled in such service and prescribing the duties of certain 
officers therein named, as provided for levying and collecting a tax 
for such purposes for the year 1855, and making provision for the 
application of any surplus which may remain of such tax levied and 
collected for the year 1866, and making provision for the relief of 
such persons as may be entitled to relief under said act for the year 
1865, and declaring an emergency for the immediate taking effect of 
this act. 

Was read a second time, and, ' ^ 

On motion by Mr. Newcomb, 

Wiis referred to the Special Committee on the Soldiers' Home. 

Mr. Buskirk, by consent, moved that when the House adjourn, it 
iwill adjourn until 2 o'clock on Monday next. 

j Which was agreed to. ' " ' 

I 

The Speaker announced the following Select Committee on House 
bill No. 125: 

Messrs. Lockhart, Howard and Shoaff of Allen. 

\ HOUSE BILLS ON THIRD READING. 

( House bill No. 149. A bill to enable the Board of Directors of 
[any incorporated Turnpike Company to change the time of holding 
; the'^election of Directors. 
Was read a third time, 

By unanimous consent, Joint Resolution No. 1 was taken up, and, 

On motion by Mr. Miller, 
Was referred to the Committee on the Judiciary. 



204 

Mr. Spencer moved the House do now adjourn. ' 

Messrs. Lane and Gregory of Warren, demanded the ayes and 
noes. 

■' Those who voted in the affirmative were, '■' 

Messrs. Abbett, Boyd, Burnes, Burwell, Caldwell, Collins, Cook' 
Cowgill Ferris, Gregg, Hargrove, Harrison, James, Lemon, Lopp 
Milroy, Perigo, Prather, Richards, Richardson, Spencer anc 
Thatcher— ^2. 

• ■ ■ Those who voted in the negative were, i| 

Messrs. Atkinson, Bonner, Buskirk, Chambers, Church, Cox- 
Davidson, Foulke, Goodman, Gregory of Warren, Groves, Hamrick. 
Henricks, Hershey, Higgins, Hoover, Howard, Humphreys, Hunt 
Johnson, Kilgore, Lane, Lockhart, Miller, McVey, Newcomb 
O'Brien, Osborn, Pinney, Reese, Rhoads, Rice, Riford, Shoaff o 
Allen, Shoaff of Jay, Shuey, Stuart, Stringer, Stuckey, Sullivai 
of Scott, Upson, A^each, Weikel, Welch, White, Woodruff, Wright 
Woods and Zeigler — 49. 

So the House refused to adjourn. 

The question being on the passage of House bill No. 149, 

Those who voted in the affirmative were, ,■ • ■ 

Messrs. Abbett, Atkinson, Bonner, Boyd, Burnes, Burwell, Bus- 
kirk, Caldwell, Chambers, Collins, Cook, Cowgill, Cox, Crook, David 
son, Ferris, Foulke, Goodman, Gregory of Warren, Groves, Hamrick 
Hargrove, Harrison, Henricks, Hershey, Higgins, Hoover, Howard 
Humphreys, Hunt, James, Johnson, Lane, Lasselle, Lemon, Lock 
hart, Lopp, Miller, Milroy, McVcy, Newcomb, Osborn, Perigo, Pin 
ney, Prather, Reese, Rhoads, Rice, Richards, Richardson, Riford 
Sabin, Shoaff of Jay, Shuey, Stuart, Stuckey, Sullivan of Scott 
Sullivan of P. & V., Upson, Veach, Weikel, Welch, White, Wood 
ruff, Wright, Woods, Zeigler and Mr. Speaker — 68. 

No member^voting in the negative. . ,•,:,; -; 

So the^bill passed. . .,;..,,; 



205 

The question being, shall the title of the bill, ag read, stand as 
:he title of said bill ? 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passage of said 
)ill. 

House bill No, 210. A bill to fix the time of holding the Court 
)f Common Pleas in the county of Grant, and repealing all laws in 
conflict therewith. 
' Was read a third time, and, 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Burnes, Burton, Bus- 
;irk, Caldwell, Chambers, Church, Collins, Cook, Cox, Crook, David- 
Ion, Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregory of 
i»Varren, Groves, Ilamrick, Hargrove, Harrison, Henricks, Hershey, 
liggins, Hoover, Howard, Humphreys, Hunt, James, Johnson, Lane, 
jasselle. Lemon, Lockhart, Lopp, Milroy, McVey, Newcomb, 
)sborn, Perigo, Pinney, Prather, Reese, Rhoads, Rice, Richards, 
liford, Sabin, Shoaff of Jay, Shuey, Stuart, Stringer Stuckey, Sul- 
ivan of P. k V., Upson, Yeach, Weikel, Welch, White, Woodruff, 
tVright, Woods, Zeigler and Mr. Speaker — 68. , ■ . , . 

Mr. Miller voted in the negative. i : 

The question being, shall the title of the bill, as read, stand as 
he title of said bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate of the passage of said 
.ill. 

Mr. Gregory of Warren, obtained leave, and offered the following 
esolution : 

Resolved, That a select committee of three be appointed on the 
lehalf of this House to act with a like committee on the part of the 



206 . . j 

Senate, to take into consideration the recommendation of the Gover- 
nor in relation to the purchase of a building for the more safe keep- 
ing of the public records of the State, and for the providing of 
rooms for the State Officers and Supreme Court rooms, and that said 
committee be instructed to report a bill on that subject. ^ , 

Which was agreed to. 

Mr. Foulke, bj consent, offered the following resolution : 

Resolved, That the same privileges as to newspapers, stationery 
and postage stamps, heretofore alloweil to the late Assistant Clerk be 
allowed the present Assistant Clerk. . i| 

Which was agreed to. 

House Joint Resolution No. 4, was taken up and read a third time,/ 

and, ; 

On motion by Mr. Buskirk, 

AVas referred to the Committee on the Judiciary, with the followti' 
ing instructions : . , . 

" With instructions to inquire whether the General Assembly at a 
special session possesses the power to propose amendments to the 
Constitution." 

Mr. Newcomb moved to make Joint Resolution No. 4, the special 
■order for Tuesday next, at 2 o'clock P. M. 

Which was agreed to. ' ■ " 

House bill No. 190. A bill to amend section eight of " an act 
regulating the fees of officers and repealing former acta in relation 
thereto," approved March 2, 1865. ,il 

Was read a third time. 1 

The amendments heretofore reported by the Committee on Fees 
and Salaries, were read. 

On mution by Mr. Brown, 
The bill and pending amendments were referred to the Committee 
on the Judiciary. 

The Speaker announced the following Select Committee on House 
bill No. 251 : 

Messrs. Lasselle, Rice and Gregg. ' i; •, 



207 

Mr. Newcomb moved to reconsider the vote by wliich the House 
efused, this morning, to reconsider the vote on the resolution in 
eference to the employees of the House. 
j Whicli was agreed to. 

Tho House then agreed to reconsider the vote adopting said reso- 
ition. 

Mr. Newcomb then moved to amend as follo\ys : 

: Amend the last paragraph by striking out " two," and inserting 
le following : 

To the five firemen, in the basement, employed by the Stcitfe Libra- ^' 
ian, for the House and Senate, " four " dollars per day each. 
Which was adopted. 

The resolution as amended was then agreed to.' ' •' 

On motion by Mr. Newcomb, ;■'.' i 

Tho House adjourned till Monday afternoon at 2 o'clock. 



' ;:- MONDAY, 2 o'clock, p. M., \ 

November, 27, 1865. / 

The House met pursuant to adjournment. 

, The Speaker not being present, the Assistant Clerk called tho 
louse to order, and, by unanimous consent, 

Mr. Henricks took the Chair, 



•208 

On motion by Mr. Coffroth, 
The reading of the Journal was dispensed with, and the House pri^-^ 
ceeded with the regular order of business. 

PETITIONS, MEMORIALS AND EEMONSTRANCES. 

By Mr. Newcomb : 

A claim in favor of J. F. Wingate, for supplies furnished this 
House. 

Referred to the Committee on Claims. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report : 

Mr. Speaker : ,,- ,[.) 

The Committee on Fees and Salaries, to whom was referred House 
bill No. 224, an act to regulate the docket fees of Prosecuting Attor, 
neys in the Circuit Courts, and District Attorneys in the Courts o 
Common Pleas, and before Justices of the Peace, and to repeal al 
laws contravening the provisions of this act, and declaring an emer- 
gency, beg leave to report that they have considered the same, ant 
have directed me to report it back with the recommendation that i: 
do lie on the table. 

Which was concurred in, and the bill was laid on the table. 

Mr. Burnes, from the Committee on Rights and Privileges, mad< 
the following report: 

Mu. Speaker : 

The Committee on Rights and Privileges, to whom was referrec 
House bill No. 214, have had the same under consideration, and t, 
majority of said Committee respectfully report the same back with- 
out amendment, and recommend that said bill do pass. 

Which was concurred in, and the bill laid on the table. 

Mr. Burnes, from the Committee on the Rights and Privileges o;^ 
the Inhabitants of the State, made the following report : 

Mr. Speaker: " ' ."'' 

The Committee on Rights and Privileges, to whom was referred 
the resolution of Mr. Kilgore, iu regard to colored persons testifying! 



209 

n our Courts, have had the same under consideration, and inasmuch 
s there is a bill now pending, embracing the subject-matter of the 
esolution, directed me to report the same back, with the recommen- 
lation that it do lie upon the table. 
Which was concurred in. 

Mr. Shoaff of Allen, from the Committee on County and Town- 
hip Business, made the following report : 

Ir. Speaker: 

The Committee on County and Township Business, to whom was 
eferred House bill No. 206, have had the same under consideration, 
nd have directed me to report the bill back with the following 
mcndments, and when so amended, recommend its passage : 

Amend by inserting at the end of the thirty-fourth line in section 
, the following: "In addition to what said Counties may appro- 

riate." 

And further amend by inserting, after the word "proportion," at 
le end of line thirty-six in section 2, the following: "Such pro- 
Drtion shall be determined by the Commissioners of the County in 
hich such Townships shall be situated." 

Which was laid on the table. ^ ■> ; ■; 

Mr. Hogate, from the Committee on Agriculture, made the follow- 

g report: , - ^ sn , 

R. Speaker: 

The Committee on Agriculture, to whom was referred House bill' 
0. 223, " a bill to prevent the killing of birds," have had the same 
ider consideration, and direct me to report the same back to the 
ouse, and recommend its passage. 
V\liich was laid on the table. 

Mr. Prather, from the Committee on Federal Relations, made the 
llowing report : 

K. Speaker: 

The Committee on Federal Relations, to whom was referred the 
isolution of this House in relation to instructing our Senators, and 
H, J.~14 



210 

requesting our Representatives in Congress, to propose such an 
amendment to the Constitution of the United States, so that the right : 
of suffrage shall be uniform throughout the United States, and the 
power to regulate the same, be vested in Congress, and not in the 
States, have had the same under advisement, and have instructed me 
to report the same back, and ask its indefinite postponement. 

Which was concurred in, and the resolution was indefinitely 
postponed. 



Mr. Prather offered the following preamble and resolution : 



'I 



Whereas, A bill accepting the provisions of an act of Congress of 
the United States, granting lands to the several States and Terri- 
tories, providing Colleges for the benefit of Agriculture and 
Mechanical Arts ; and 

Whereas, Said act authorizes the issuing of land scrip to such of the 
States in which there Avas no land subject to entry ; and 

Whereas, So much of the Governor's Message as relates to said sub-| 
ject, was referred to a committee of one from each Congressional 
District of this State ; therefore, 

Resolved, That said Oommittee be instructed to inquire into the' 
expediency of establishing twelve Agricultural Schools in the State' 
of Indiana, one of which shall be located at Bloomington, Indiana] 
and one other school in each of the several Congressional District{| 
of the State, giving to the school at Bloomington two thirteenths o 
the whole amount of said donation, and the remainder of said dona 
tion shall be divided equally with the other eleven District Schools 
which shall be located in each of the Congressional Districts of this 
State, in which tuition shall be free to the families of those who havd 
been made destitute and dependent in consequence of having los 
their friends in the war of 1861, and report by bill or otherwise. 

Which was agreed to. ■ 

BILLS INTRO DUCEI>. .. , , 

By Mr. Coffroth : ' ' ' ' 

House bill No. 254, A bill to amend section, 5, 14 and 17, of ai 
entitled "an act incorporating the town of Huntington," approve* 
February 16,1848, , .. , 



211 

Which was read a first time, and referred to the Committee on the 
Judiciary. 

By Ml-. Newcomb : 

House bill No. 255. A bill supplemental to an act entitled " an 
act for the incorporation of Insurance Companies, definirii^ their 
powers and prescribing their duties," approved June 17, 1852. 

Which was read a first time, and referred to the Committee on the 
Judiciary. 

A message from the Senate by Mr. Wilson, their Secretary : 

Mr. Speaker: ' 

I am directed, by the President of the Senate, to inform the 
House of Representatives, that the Senate has passed the following 
engrossed bills thereof, to-wit : 

Engrossed Senate bill No. 21. Entitled "an act to amend sec- 
tions nine, ten, eighteen, twenty-threO; twenty-four and thirty-three 
of an act entitled an act to incorporate the town of Vernon, Jen- 
nings county, Indiana," approved January 22, 1851 ; also, 

Engrossed Senate bill No. 22. Entitled " an act to amend sec- 
tion ten of an act entitled an act providing for the election and 
qualification of Justices of the Peace, and defining their jurisdiction, 
I powers and duties in civil cases," approved June 9, 1852 ; also, 

Engrossed Senate bill No. 27. Entitled " an act to amend sec- 
t tion four of an act entitled an act prescribing certain misdemeanors, 
I punishable only by a Justice of the Peace," approved June 7, 1852 ; 
also, 

Engrossed Senate bill No. 106. Entitled "an act to amend sec- 
tion one hundred and nineteen of an act entitled an act to revise, 
simplify and abiidge the rules, practice, pleadings and forms in crimi- 
nal actions in the courts of this State," approved June 17, 1852, so 
far as to strike out so much thereof as requires the appellee to pay 
the costs of the appeal, when the decibion of the court below is 
decided to be errroneous ; also, 



212 

Engrossed Senate bill No. 142. Entitled " an act defining the 
crime of drunkenness, and prescribing the penalties therefor ; " 
also, 

Engrossed Senate bill No. 185. Entitled " an act for the incor- 
poration of hotel companies ; " also, 

Engrossed Senate bill No. 217. Entitled " an act to amend sec- 
tions one, three and fourteen of an act entitled an act to allow 
County Commissioners to organize turnpike companies, where three- 
fifths of the people representing the real estate, within prescribed 
limits, petiti'on for the same and to levy a tax for its construction, 
and provide for the same to be free ; " also. 

Engrossed Senate bill No. 221. Entitled "an act for the punish- 
ment of oflBeers for receiving illegal votes ; " also, 

Engrossed Senate bill No. 175. Entitled " an act to authorize 
the formation of companies for the detection and apprehension of 
horse thieves and other felons, and for mutual protection and repeal* 
ing all laws inconsistent therewith ; '"' also. 

Engrossed Senate bill No. 206. Entitled " an act supplemental 
to an act entitled an act to authorize, regulate and confirm the sale 
of railroads, to enable purchasers of the same to form corporations 
and to exercise corporate powers, and to define their rights, powers 
and privileges, to enable such corporations to purchase and construct 
c:nnecting and branch roads and to operate and maintain the same," 
approved March 3, 18G5, and for the purpose of making the same 
more definite and certain; also. 

Engrossed Senate bill No. 211. Entitled " an act supplemental 
to an act to incorporate the Y/hite River Navigation Company, 
approved February 13, 1857, and an act entitled an act to amend 
the third section of an act entitled an act to incorporate the White 
River Navigation Company," approved February 13, 1851, and to 
extend the rights and privileges of said company, in which the con- 
currence of the House is respectfully requested. 

I am further directed by the President of the Senate, to present 
for the signature of the Speaker of the House of Representatives : 



213 

Enrolled Act No. 10, of the Senate of Indiana. Entitled "an 
act to amend section three hundred and forty-nine of an act entitled 
an act to revise, simplify and abridge the rules, practice, pleadings 
and forms in civil cases, in the courts of this State to abolish dis- 
tinct forms of action at law, and to provide for the administration of 
justice in a uniform mode of pleading and practice, without distinc- 
tion between law and equity," approved June 18, 1852, which is 
herewith respectfully submitted. 

On motion by Mr. Prather, 
The House adjourned. 



TUESDAY MORNING, 9 o'clock. \ 
November 28, 1865. j 

House met pursuant to adjournmeut. 

A call of the House was ordered, when the following members 
answered to their names : 

Messrs. Atkinson, Bonner, Boyd, Branham, Brown, Burton, Bur- 
well, Caldwell, Chambers, Church, Collins, Cowgill, Cox, Croan, 
Crook, Davidson, Ferris, Foulke, Glazebrook, Gregory of Montgom- 
ery, Gregory of Warren, Groves, Hamrick, Hargrove, Harrison, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, 
Hunt, Lane, Lemon, Lockhart, Lopp, Major, Meredith, Milroy, Mont- 
gomery, McVey, Newcomb, O'Brien, Osborn, Perigo, Prather, Reese, 
Rhoads, Rice, Richards, Richardson, Roach, Sabin, Shoaff of Allen, 
Shoaif of Jay, Shuey, Sim, Spencer, Stuckey, Trusler, Veach, White, 
Woodruff, Wright, Woods and Mr. Speaker— 07. 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Hoover, 
The further reading of the Journal was dispensed with. 



214 

Leave of absence was granted to Mr. James, on account of sick- 
ness. 

PETITIONS, MEMORIALS AND REMONSTRANCES, , . ;,^, 

By Mr. Trusler: , . " 

A petition on the subject of Temperance, signed by D. D. Hall 
and others. 

Which was referred without reading to the Committee on Temper- 
ance. 

;j 

By Mr. Church : ! 

i 

A petition from the citizens of Porter county on the same subject. 
Referred without reading to the same committee. 

By Mr. Stuckey : I 

A petition from various citizens of Owen county on the same 
subject. 
Referred without reading to the Committee on Temperance. 

By Mr. Abbott : -I 

A petition signed by H. W. Duffey and others, on the same 
subject. 

Which was referred to the same committee, without reading. 

By Mr. Lane : 

A petition signed by Amand Wingate and others, on the same 
subject. 

Referred to the same committee without reading. 

By Mr. Harrison: . " 

A petition signed by sundry citizens of Shelby County, on the 
same subject. 

Referred to the same committee, without reading. 

By Mr. Hoover: ~ , ,. ' 

Calling the attention of the Legislature to the annoyance and hin 
drance of public trade, caused by trains of cars standing across high 



215 

ways, and praying for such legislation as shall make such offenses 
punishable as a misdemeanor. 

Which was referred to the Committee on Railroads. 

By Mr. Major: 

From citizens of Floyd County, asking that a portion of the school 
fund bo set apart for the education of the colored people of this State 
as recommended by Gov. Morton in his late message. 

Which, on motion, was referred to the Committee on Education, 

By Mr. Osborn : 

A petition signed by sundry citizens of Marion county on the 
of Temperance. 

Referred to the Committee on Temperance, without reading. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Joint Resolution 
No. 1, proposing an amendment to the Constitution by striking out 
the loth article thereof, respectfully report that they have had the 
same under consideration, and a majority of the Committee recom- 
mend its passage without amendment. 

Which was laid on the table. 

Mr. Newcomb , from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill No. 
108, entitled "an act to amend the 6th section of an act regulating 
divorces, nullification of marriage, and decree and order of Court in_ 
cident thereto," approved May 13, 1852, respectfully report that 
they have had the same under consideration, and herewith report 
back said bill to the House, with the following amendments, to wit: 

Insert after the word " Courts," in the 7th line of page 2 of said 
bill, the woi-ds, "and Courts of Common Pleas," and further amend 



216 

said bill, by striking out the words " and freeholders," in line 3, onj 

page 3, and upon the adoption of said amendments, the Committee! 

recommend the passage of the bill. 

Which was concurred in. 

Mr. Newcomb, from the Judiciary Committee, made the following 
report : ■ . 

Mr. Speaker: , , . ,,, • 

The Judiciary Committee, to whom was referred House bill No. 
204, entitled " an act legalizing the acts of Commissioners who have 
heretofore made deeds under the order of Circuit and Common Pleas 
Courts in this State, and sales made by executors, administrators and 
guardians under the orders of said courts and confirming the deeds 
80 made, and the title under the same," respectfully report that they 
have had the same under consideration, and in their opinion legisla- 
tion on the subject being unnecessary they recommend that said 
bill be laid on the table. 

Which was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate bill No. 
13, entitled a bill to amend the 17th section of an act entitled "an* 
act providing for the organization of county boards, and presenting 
some of their powers and duties," approved June 17, 1852, respect- 
fully report that they have had the same under consideration and 
instruct me to report that the Legislature of the last session upon 
the subject matter embraced in said bill renders further legislation 
unnecessary and inexpedient ; your committee, therefore, recom- 
mend that the bill be indefinitely postponed. 

Which was concurred in. ■ - 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : 

Mr. Speaker: ' • . ,' 

The Judiciary Committee, to whom was referred House bill No. 
234 entitled a " bill to repeal an act in relation to the reports of cer- 



217 

tain officers," approved June 3, 1861, respectfully report that they 
have had the same under consideration and recommend its passage. 
The report was concurred in and the bill laid upon the table. 

Mr. Newcomb, from the Committee on the Judiciary : 

INIr, Speaker : 



^jThe Judiciary Committee, to whom was referred House bill No. 
249, entitled " a bill to amend section 5 of an act entitled an act to 
regulate and license the sale of spirituous, vinous, malt and other 
intoxicating liquors, to repeal all former laws contravening the pre- 
visions of this act and prescribing penalties for violation thereof," 
approved March 5, 1859, respectfully report that they have had the 
same under consideration and recommend its passage. 
Which was concurred in. 

, Mt. Coffroth, from the Judiciary Committee, offered the following 
(report : , . 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
238, entitled "a bill to authorize foreign guardians to take posses- 
sion of personal property of their Wards, and receive and receipt 
[or moneys belonging to the said Wards in this State, and sue for 
and recover such personal property or money in the courts of this 
State," have had the same under consideration and have instructed 
'HO to report the same back and recommend its passage. 

Which was concurred in. 

Mr. Brown offered the following minority report from the Com- 
nittee on the Judiciary : 

Mr. Speaker : 

The minority of the Committee on the Judiciary, to whom was 
•eferred Joint Resolution No. 1, proposing to amend the Constitution 
i)f the State by striking out the 13th article of the same, respect- 
fully report that they have had the same under consideration and 
•ecommend that it be indefinitely postponed. 
Which, on motion. 

Was laid on the table. 



218 

Mr. Howard, from the Committee on the Organization of Courts of 
Justice, made the following report : 

Mr. Speaker: 

The Committee on the Organization of Courts of Justice, to 
whom was referred House bill No. 181, have had the same under 
consideration and the majority of said committee have instructed mei 
to report said bill back and to recommend that section one thereof 
be amended as follows : 

After the word "treasurer," in the 24th line of said section, 
insert the words "such clerk shall be entitled to a fee of fifteen 
cents for every one hundred words contained in the lists and copies 
above required.'' ' ■ 

Also, strike out all after the word "dollars" in fourth line from 
bottom of said section. a 

Aiter the woul "hands" wherever the same occurs, insert tiio 
words "■ at any time." 

Strike out the word " section" and insert the words " any of the 
provisions of this act" in lieu thereof. ,^i 

After the word "fail" insert the word " refuse."' 

Strike out the words, "shall be fined in any sum not exceedingl 
one thousand dollars," and insert in lieu thereof the following 
■ " Shall be liable to an action on his official bond, and it is herebj 
made the duty of the treasurer of said county to notify the proper 
■ district prosecuting attorney of such failure, refusal or neglect ol 
said clerk, and said attorney shall, without delay, file a complaint ir 
the name of the State of Indiana, in the Common Pleas Court, foi 
the recovery of said money, and upon the trial thereof the State 
shall recover the amount found to be in the hands of said clerk 
together with a penalty of fifty per cent, in addition thereto, fo: 
which amount and penalty a judgment shall be rendered, collectable 
without any relief from valuation, stay, exemption or appraisemen 
laws," and that when so amended they do recommend its passage. 
Which was laid upon the table. 



219 

Mr. Gregory of Warren, from the Committee on Education, made 
the following report : 

Mr. Speaker : 

The Committee on Education, to whom was referred House bill 
No 245 offered by Mr. Rhoads, of Vermillion Co., amendatory of 
sectionsNo. 12, 14, 18, 21, 2(3, 40, 41 and 42, of the new school law, 
beer leave to report that we have examined the same, and believe that 
lif'^said amendments are made, the same would be beneficial. We 
therefore recommend the passage of said bill with the amendments 
herewith presented. Amend section 108, which reads as follows, 
to wit : 

I Sec. 108. The following fees only shall be charged in cases of 
mortgages for loans : , . 

CO 
To each appraiser, 

For recording mortgages, ^1 ^^ 

For drawing mortgage, ^1 ^^ 

For making borrower's affidavit, J*-' 

For clerk's certificate, ^^ 

Recorder's certificate and examining titles, each,... $1 00 

Which shall be paid by the borrower. . 

Be and the same is hereby amended to read. 

Sec. 108. The following fees only shall be charged in cases of 
mortgages for loans : 

To each appraiser, ^^ 

For recording mortgage, $1 *^^ 

For drawing mortgage, $1 *^^ 

For making borrower's affidavits, 10 

For clerk's certificates, ^^ 

Recorder's certificates and examining titles, §1 00 

Which shall be paid by the borrowers. 
Which was laid on the table. 

Mr. Boyd, from the Committee on Claims : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 



220 

claims, to wit: Jones, Hess k Davis, for the sum of fifteen doll 
and fifty cents, and the chaim of A. E. Vinton & Co., for the sum 
three dollars, beg leave to report that both claims are just, and ther. 
fore recommend that they be placed in the specific appropriation b 
for payment. I 

Which was concurred in, and the resolution referred to the Coi' 
mittee on Ways and Means. 

Mr. Major, from the Committee on Fees and Salaries : 
Mi^. Speaker: 

The Committee on Fees and Salaries, to whom was referred Senat 
bill No. 120, entitled "a bill empowering District Prosecuting Attoij 
neys to administer oiths in the discharge of their duties, have cor 
sidered the same, and have directed me to report it back, recom 
mending its passage. 

Which was concurred in. 

Mr. Ilamrick, from the Committee on Corporations : 
Mr. Speaker: 

The Committee on Corporations, to whom was referred Senate bil 
No. 199, to amend the charter of the Indianapolis Insurance Com 
pany, have had the same under consideration, and have directed m« 
to report the same back, without amendment, and recommend itf 
passage. 

Which was concurred in. 

BILLS INTRODUCED. 

By Mr. Trusler: 

House bill No. 256. A bill for the Incorporation of Hydraulic 
Companies, and defining their powers and duties. 

Which was read a first time, and referred to the Committee on 
Corporations. 

By Mr. Sim: 

House bill No. 257. A bill requiring Railroad Companies to fur- 
nish transportation for freight to persons desiring to ship live stock 



221 

ir other freight over their road?, and requiring such roads to char^ic 
, uniform rate therefor. 

Which was read a first time, and referred to the Committee on 
lailroads. 

Mr. ]Milroy offered, by consent, the following resolution : 

Received, That the Committee on Railroads be instructed to 
eport, by bill or otherwise, a law compel] in t all Railroad Companies 
a this State to carry all freight that may Li: required by the people 
f this State. 

Which was agreed to. 

By Mr. Cox : 

House bill No. 258. A bill to amend section 14 of an act entitled 
an act to provide for the more uniform mode of doing township 
usiness, prescribing the duties of certain officers in connection there- 
ith, and to repeal all laws conflicting therewith," approved Feb. 
8, 1859. 

Which was read a first time, and referred to the Committee on 
'ounty and Township business. 

Mr. Lopp, by consent, offered the following resolution : 

Resolved, That the Committee on County and Township Business 
e instructed to inquire into the expediency of reducing the number 
f justices of the peace and constables to one in each township, and 
eport by bill or otherwise. 

Which was concurred in, and the resolution referred to the Com- 
littee on County and Township Business. 

By Mr. Upson : 

House bill No. 259. A bill to fix the time of holding the Court of 
Common Pieas in the county of Kosciusco, and the length of the 

rm thereof, and repealing all laws inconsistent therewith, 

.Which was read a first time, and on motion, referred to the Com- 

littee on Organization of Courts of Justice. 

By Mr. Gregory, of Warren : 

A bill to provide compensation to owners [of animals killed or 



09<? 



injured by the rolling stock of any railroad ^vhen such road is nc 
fenced, excepting at places not proper to be fenced, repealing a] 
laws inconsistent therewith, and declaring an emergency. 

Which was read a first time, and referred to the Committee oi 
RailroLids. * 

Mr. Higgins, by consent, offered the following resolutions : 

Hesohud, That the Wardens of the State Prisons, respectively, b 
instructed to report to this House, at an early a day as possible, , 

1st. The average expense per day for provisioning each prisone 
in their charge, during the month of October last. i 

2d. The average number of days each prisoner, working unde 
contract, has labored per month, for the months of August, Septeir 
ber and October, 1865. < 

•3d. A copy of contract cnder which their prisoners are nc 
workin"', also copies of contracts for use of motive power used i 
prison. 

Which was a-irreed to. 



! 



r.y Mr. Church: 

• 

House bill No. 261. A bill to amend the one hundred and eight 
section of an act entitled "an act to revise simplify and abridge th 
rules, practice, pleadings and forms in civil cases in the Courts of th 
State; to abolish distinct forms of action at law, and to provide fc 
the administration of justice in a uniform mode of pleading and pra( 
tice, without distinction between law and ^equity, and repealing a 
laws in conflict therewith. 

Which was read a first time, and referred to the Committee o 
Organization of Courts of Justice. 

By Mr. Crook: V ] 

House bill No. 262. A bill to amend section ten of an act entitle; 
'• an act to provide for the government and discipline of the Stat 
Prisoi:, and to repeal an act to provide for the government and dis 
ciplinc of the State Prison, approved March 3, 1855, and all laws ( 
parts of lawa inconsistent herewith, approved, Feb. 5, 1857. 

Which was read a first time, and referred to the Committee o 
State Prison South. 



I 



223 
By Mr. Hoover : 

House 1)111 No. 263. A bill to provide by law to prevent conduc- 
tors running railroad trains from obstructing public higb^Yays, to 
the hindrance of trade. 

Which was read a first time, and referred to the Committee on 
Roads. 

By Mr. Shoaff of Allen : 

House bill No. 264. A bill to amend the fourth nnd seventh 
clauses of an act entitled " an act regulating the granting of divorce, 
nullification of marriages, and decrees and orders of Court incident 
;hereto/' approved May 13, 1852. 

Which was read a first lime, and referred to the Committee on the 
Fudiciary. 

;, By Mr. Caldwell : 

House bill No. 265. A bill to amend an act entitled " an act to 
provide for a uniform mode of doing township business, prescribing 
i,he duties of certain officers in connection therewith, and to repeal al! 
laws conflicting with this act, approved Feb, 18, 1859. 

Read a first time, and referred to Committee on County and Town- 
hip Business. 

By Mr. Wright : 

House bill No. 266. A bill allowing clerks of courts a percentage 
kpon all monies by them received and paid out from any executor^ 
administrator, guardian, commissioner or trustee of estates of persons 
leceased. 

Bead a first time, and referred to the Committee on Fees and Sal- 
aries. 

By Mr. Lasselle : 

■; House bill No. 267. A bill to amend section one of an act entitled 
' an act authorizing county auditors tu call a special term of the 
•card of county commissioners, whenever the interest of the county 
Day demand it," approved Feb. 2, 1855. 

Read a first time, and referred to the Committee on County and 
Cownship Business. 



224 

;• By Mr. Stivers : 

House bill No. 268. A bill to amend section 104 of an act enti- 
tled " an act to amend sections 78, 79, 94, 95, 104, 142 and 143, of 
an act entitled ' an act to provide for the valuation and assessment 
of the real and personal property, and the collection of taxes in the 
State of Indiana,' " &c., &c. 

Read a first time, and referred to the Committee on Fees and 

Salaries. 

By Mr. Ilenricks : 

House bill No. 269. A bill to make an appropriation to pay the 
balance of the quota of this State of the expenses of the Soldiers' 
National Cemetery at Gettysburgh, Pennsylvania, as assessed by the 
Board of Managers of said Association. 

Which was read a first time, and referred to the Committee on 
Ways and Means. 

By Mr. Gregory of Montgomery : 

House bill No. 270. A bill fixing the per diem Sir\d mileage of 
members of the General Assembly, secretaries, clerks and doorkeepers 
thereof. 

Which v/as read a first time, and referred to the Committee on 
Public Expenditures. 

By Mr. Bonner : 

House bill No. 271. A bill entitled " an act to allow County 
Commissioners to organize dirt road companies, where three fifths of 
the persons representing the real estate within prescribed limits, peti- 
tion for the same, and to levy a tax for its construction. 

Which was read a first time, and referred to the Committee on 
Roads. 

By Mr. Shoaff, of Jay : 

House bill No. 272. A bill to amend sections one and two of an 
act entitled " an act fixing the time for holding the Circuit Courts in 
the Thiiteenth Judicial Circuit, regulating the length of the terms 
thereof, and repealing all laws inconsistent therewith," which act 
was approved by operation of law on the 17th day of March 1861. 



Rend a first time and referred to a select committee of mcraberis 
from the Judicial District, concerned. 

By Mr. Lemon : 

House bill No, 273. A bill to more effectually enforce the thir- 
teenth article of the Constitution of the State of Indiana, and the 
laws made in pursuance thereof, and making it obligatory <m the 
Governor to see that the laws be faithfully executed, and if need be, 
call out the militia for the enforcement of the same. 

Read a first time and referred to the Committee on Rights and 
Privileges. 

By Mr. Brown : 

House bill No. 274. A bill to repeal an act entitled "an act to 
discourage the keeping of useless and sheep-killing dogs, and provi- 
ding penalties for the violation of any of the provisions of said act_ 
by officers and others ; and also repealing an act to license dogs, 
approved March 11, 18G1, and providing that nothing in this act 
shall be so construed as to conflict with the provisions of an act for 
the protection of sheep," approved June 15, 1852; approved March 
2, 1865. 

Which was read a first time and referred to the Committee on 
County and Township Business. 

By Mr. ShoaflF, of Jay : 

I House bill No. 275. A bill to amend section two of an act enti- 
jded " an act to amend the fourteenth and eighteenth sections of an 
jan act entitled an act to fix the times of holding the Common Plea^ 
Courts in the several counties of this State, the duration of the term.«» 
thereof, and making all process from the present Common Pleas 
ICourts returnable to such terms, and declaring when this act shall 
rake eifect, and repealing all laws inconsistent therewith,'' approved 
May 11, 1861. 

Which was read a first time and referred to a special committee of 
laiembers from the severa' counties interested therein. 

By Mr. Lasselle : 

House bill No. 276. A bill to authorize county auditors to issue 
H. J.— 15 



226 

-fee-bills for the collection of costs accrued before county commis- 
sioners. 

Which was read a first time and referred to the Committee on 
Fees and Salaries, 

Mr. Newcomb, by consent, offered the following resolution : 

Resolved, That the Adjutant General be requested to report to the 
House, the amount unexpended of the appropriations made for his 
office at the last regular session of the General Assembly, for the 
year 1865, together with his estimate of the amount that will neces- 
sarily be required of the appropriations made for the year 1866 
and that he further report the amount of clerical force that will, ir 
his opinion, be necessary for the proper performance of the duties 
of his office for the year 1866, and a statement of the work remain- 
ing to be completed, which is not a part of the ordinary and regula 
business of the office. 

Which was concurred in. 

Mr. Gregory, of Montgomery, by consent, offered the foUowin 
resolution : 

Resolved^ That Hon. S. C. Crane have the use of this Ha 
next Friday evening, to deliver a lecture on "Life in this Fast Ag' 
and Fast Country." 

Which was agreed to. 

The Speaker laid before the House the following message froi 
the Governor : 

Hex. John U. Pettit, Speaker oj- the House of Representalives : 

Sir: Enclosed I send you a copy of a communication from tl 
Surgeon General's office stating the terms upon which the Triph 
General Hospital was turned over to the State of Ohio. Plea; 
submit it to the House of Representatives. 
Respectfully yours, 

^ CONRAD BAKER, 
Lieut. Governor acting as Governor, 



227 

Surgeon General's Office, 
Washington City, 
November 



's Office, 1 

V, D. c, y 

r 25, 1865. J 



Hon. CoNRAt) Baker, 

Lieutenant Governor of the State of Indiana, Indianapolis: 

Sir : I have the honor to acknowledge the receipt of your letter 
of the 22d inst., and to inform you that the Tripler General Hospi- 
tal with an equipment of bedding find furniture was turned over to 
the State of Ohio, The receipt of the Governor or his legal repre- 
sentative being given for the property. 

(Signed,) C. S. CRANE, 

I Surgeon General, U. S. A. 

\ Referred to Select Committee on Soldiers' Home, 



gPEClAL ORDERS. 

Joint Eesolution No» 4, was taken up. 

Mr. Woods moved to refer said Joint Resolution, No. 4, to the 
Committee on the Judiciary, with the following instructions t 

Such committee to enquire whether the resolution is drawn so as 
to conform to Article It) of the Constitution, and if found not in 
iccordance with the requirements of said article, they shall report 
iaid resolution back to the House in the proper form and shape. 

Whicn was agreed to. 

k 

Mr. Osborn, by consent, offered the following resolution : 

(Whereas, There is no law ma-king county orders issued to any indi- 
vidual or individuals a lien for taxes, and 



Whereas, A large amount of money is lost to the State and coun- 
ties by reason of persons to whom the same is issued, transfer- 
I ring or selling the same, and not applying said county orders to 
! • the payment of taxes due and owing by them ; therefore, 

Resolved, That a committee of five be appointed to inquire into 
he expediency of reporting a bill to make said county orders a lien 
or taxes, that may be due and owing to them on the duplicate or 
iupHcates of their respective counties. 

Which was concurred in. 



228 

Mr. Cox, by consent, introduced the following resolut/oR : 

Resolved, That the Committee on Agriculture be requested tO' in 
quire into the propriety of enacting a law giving additional protec 
tion to the Agricultural and Horticultural interests of this State, b 
affixing appropriate penalties for trespasses committed, and damage 
done to fmits, &c., by lawless persons, and report by bill c 

otherwise^ 

Which was concurred in. and the resolution referred to tb_ 

Committee on Agriculture, 

Mr. Burnes, by consent, offered the following resolution: 

Resolved, That the Committee on the Organization of Courts ■• 
■Justice are hereby instructed to inquire into the expediency 
reporting a bill making it a misdemeanor for any person or persoi 
to molest or disturb any hired laborer or laborers in the employ 
any citizen or citizens of the State of Indiana, when engaged at, 
on his or her way to or from the pUice of his, her or their labor, 
when at the residence^ or on the farm of their employers. 

Which was concurred in. and the resoluticn referred to the Coi 
jtiittee on the Organization of Courts of Justice. • • 

By Mr. Gregory, of Warren : i- 

Joint Resolution No. 20. A Joint Resolution instrncting o! 
Senators and requesting our Representatives in Congress, for ti 
f>assage of an act equalizing the pay of soldiers and officers engag 
in the suppression of the rebellion. 

Read a first time, and passed to a second reading. 

On motion by Mr. Ilcnricks '. 

HoBse b>ll No. 233. A bill entitled an act to provide for the pa 
mcnt of loss or damage by lire, and for appointing Appraisers, defi 
ing their duties, and levying a tax to be placed in the treasury ai 
part of the general fund. 

Was taken up, and, on motion, was referred to the Committee > 
Ways and Means. 

The Speaker announced the following Select Committee on J 
Oaborn's Resolution No. 31. 

Meesrs. Osborn, Woods, Boyd, Lasselle and White, : i 



2i29 



HOUSE BILLS ON SECOND READIN-G. 

House bUl No. 87. A bill to amend section one of an act entitkd 
' an act to amend an act to revise, simplify and abridge the rule?, 
>-ractice, pleadings and forms in civil cases in Courts of this State, 
abolish distinct forms of action at law, and to provide for the 
tdministration of justice in a uniform mode of pleading and practice, 
vithout distinction between law and equity, approved June 18, 1852," 
ipproved Feb. 2, 185.5. 

Which was read a second time, ordered to be engrossed, and passed 
Oj a third reading. 

House bill No. 2-35. A bill to provide for the appointment of a 
ommissioner, who, in conjunction with the various County Auditors 
f the State, shall examine the records of the school funds held in 
rust by the counties, for the purpose of determining the amount and 
afety of said funds, and matters properly connected theiewith, pro- 
iding for the salary of said commission, an<l making county com- 
aissioners and the superintendent of public instruction final referees 
a cases of disagreement between the said commissioners and the 
Oounty Auditor. 

Was read a second time, and 

Mr. Newcomb offered the following amendments : 

Strike out of section three the words " three thousand five hundred 
ollars," and insert " two thousand dollars, and his actual and neces- 
ary traveling expenses, which shall be reported to the Auditor of 
cate, under the oath of said commission." 

2d, Add, after the words " State Treasury," in said section, the 
pllowing : — " from the funds raised by taxation for school purposes." 

Mr. Burwell moved to indefinitely postpone said bill and amend- 

aents. 

Mr. Ferris demanded the previous question. 
; Which was seconded by the House. 

The question being, shall the main question be now put? 

The question being on the indefinite postponement of said bill, 



280 

Mr. Hararick moved to lay the whole subject on the table. 
Which was not agreed to. 

The question recurring on indefinitely postponing said bill. 

Messrs. Gref^ory of Warren, and Burwell, demanded the ayes and, 
noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Burnes, 
Burton, Burwell, Church, Coffroth, Collins, Cook, Cowgill, Croan, 
Crook, Davidson, Ferris, Glazebrook, Gleason, Goodman, Groves, 
llamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hoover,! 
Howard, Humphreys, Hunt, Johnson, Lane, Lee, Lemon, Litson, 
Lockhart, Lopp, Mnjor, Miller, Milroy, Montgomery, McVey^j 
O'Brien, Osborn, Perigo, Pinney, Prather, Reese, Rhoads, Richards, 
Richardson, Roach, Sabin, Shoaff of Allen, Shoaflf of Jay, Shuey, 
Sim, Spencer, Stuart, Stenger, Stringer, Stuekey, Thatcher Upson, 
Veach, Weikel, Welch, White, Woodruff, Wright, Woods and Zeigler , 
—72. 

Those who voted in the negative were. 

Messrs. Chambers, Cox, Foulke, Gregory of Montgomery, Gregory 
of Warren, Hoover, Lane, Olleraan, Rice, Richards and Mr. Speakei 
—11. 

So House bill No. 235 was indefinitely postponed. 

The Speaker announced that he had signed Enrolled Senate Aci 
No. 16. 

House bill No. 212. A bill to legalize the appraisement of rea' 
estate made under the provisions of an act entitled " an act to pro- 
vide for the appraisement of real estate, and prescribing the duties 
of officers in relation thereto, approved Dec. 21, 1858." 

Was read a second time, ordered to be engrossed, and passed to s 
third reading. 

Mr. Newcomb moved that it be deemed expedient to suspend th< 
Constitutional rule, requiring bills to be read on three sev-cral days 
and read the bill a third time now. 



231 

The ayes and noes were taken under the Constitution. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burton, Church 
Coffroth, CoIUns, Cook, Cowgill, Cox, Croan, Crook, Davidson, 
Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery. 
Gregory of Warren, Groves, llamrick, Hargrove, Harrison, Her- 
shey, Higgins, Hogate, Hoover, Howard, Humphreys Hunt, John- 
son, Kilgore, Lane, Lockhart, Major, Montgomery, McVey, New- 
comb, O'Brien, Olleraan, Osborn, Perigo, Pinney, Reese, Rice, 
Richards, Richardson, Sabin, Shoaif of Allen, Shoaff of Jay, Shuey, 
Spencer, Stuart, Thatcher, Truster, Upson, Veach, Weikel, Welch, 
White, Woodruff, Wright, Woods, Zeigler and Mr. Speaker — G8. 

Those who voted in the negative were, 

i 

Messrs. Burnes, Burwell, Glazebrook, Lemon, Litson, Miller, 

Milroy, Prather and Stuckey — 9. 

So it was deemed expedient to suspend said Constitutional rule, 
and said House bill No. 212 was read a third time. 

Mr. Litson moved that the House do now adjourn. 
Which was not agreed to. 

House bill No. 212 was then read a third time, and the question 
being shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Burnesr 
Burwell, Buskirk, Chambers, Church, Coffroth, Collins, Cook, Cow- 
gill, Cox, Croan, Crook, Davidson, Ferris, Foulke, Glazebrook, Glea- 
son, Goodman, Gregory of Montgomery, Gregory of Warren,. 
Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Hunt, Johnson, Lemon, Lit- 
son, Lockhart, Lopp, Montgomery, McVey, Newcomb, Olleman, 
Osborn, Perigo, Pinney, Prather, Rice, Richardson, Roach, Sabin, 
Shoaff of Allen, Shoaff of Jay, Shuey, Stuart, Stringer, Stuckey. 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Wright, 
Woods, Zeigler and Mr. Speaker — 73. 

. None voting in the negative. 
So the bill passed. 



232 

The question being shall the title, as reported, stand as the title to 

8uidbiH? 

It was agreed to. 

Ordered, That the clerk inform the Senate of the passage of said 
bill. 

On motion bv Mr. Woods, ' 

The House adjourned. 



2 CLOCK, P. M. 



House met. 



On motion by Mr. Buskirk, 
House bill No. 117 was taken from the table and placed on the 
calender. 

HOUSE BILLS ON SECOND READING. 

House bill No. 311, was passed over informally. 

House bill No. 214. A bill to repeal an act entitled "an act to 
enforce the 13th article of the Constitution," approved June 18, 
1852. 

Was taken up, read a second time, and made the special order for 
Friday next, at 2 o'clock, P. M. 

House bill No. 206. A bill to amend section seven of an act enti- 
tled ''an act to provide for the erection and repair of bridges and to 
repeal an act entitled an act to provide for the erection and repair of 
bridges," approved May 12, 1852. 

Was read a second time, together with the amendments heretofore 
reported ; amendments were concurred in, and the bill ordered to be 
engrossed. 

House bill No. 223. A bill to prevent the killing of birds. 
Was taken up and read a second time. 



233 

Mr. Newcomb moved to strike out the emergency claiisx'. 
Which "was agreed to. 

Mr. Spencer moved to further amend by striking out the Mord 
"flicker." 

Which was not agreed to. 

The bill was ordered to bo engrossed ami passed to u third read- 
ing- 

SENATE BILLS ON THIRD HEADING. 

Senate bill No. 141 was taken up, read a second time, and referred 
to the Committee on Corporations. 

Senate bill No. 210 was read a second time, and passed to a third 
reading. 

Senate bill No. 145 was read a second time and passed to a third 
reading. 

A message from the Senate, by Mr. Wilson, their Secretary : 

Mr. Speaker: 

I am directed by the President of the Senate to inform the House 
that the Senate has passed the following engrossed bills thereof, 
to-wit : 

Engrossed Senate bill No. 205. Entitled " an act to fix the time 
of holding the Circuit Court in the several counties composing the 
Seventh Judicial Circuit, and repealing all laws in conflict therewith: 
also, 

Engrossed Senate bill No. 231. Entitled *' an act to legalize and 
render valid and efi'ective all the orders, judgments and other pro- 
ceedings, rendered and had, by and before the Common Pleas Court 
of Clinton county, in this State, and in the Court-House of said 
county, in the months of October and November, in the year one 
thousand eight hundred and sixty-five, and then and there, by and 
before the several judges of the said courts,'' in which the concur- 
rence of the House is respectfully requested. 

Also, that the Senate has passed the following House bills, to wit 



234 

House bill No. 12, entitled " a bill to amend the first section of an 
act entitled ' an act for the protection of religious meetings, agricul- 
tural fairs, and other lawful assemblages of the people,' " approved 
March 3, 1859. 

House bill No. 27, entitled '' an act to legalize the acknowledg- 
ments of all deeds, mortgages and other instruments required to be 
recorded, taken and certified by notaries public, who took and certi- 
fied such acknowledgments after the expiration of their commis- 
sions." 

House bill No. 43, entitled " an act to repeal an act entitled ' an 
act to establish Courts of Conciliation, to prescribe rules and pro- 
ceedings therein, and compensation of Judges thereof,' " approved 
June 11, 1852. 

I am further directed to inform the House that the President of the 
Senate has signed Enrolled Act No. 16 of the Senate, entitled " an act 
to amend section three hundred ami forty-nine of the practice act. 

Mr. Prather moved to suspend the regular order of business, and 
take up the following message from the Senate : 
Wliich was concurred in. 

Mr. Speaker : 

1 am directed by the President of the Senate to inforrii the House 
that the Senate has passed the following resolution thereof, to wit : I 

Resolved hy the Senate, {the House of Representatives concurring) 
that tlie message of His Excellency the Governor, in relation to the 
procuring of a suitable building for State officers, be referred to a 
committee of three on the part of the Senate, and five on the part of 
the House, and that the President has appointed, on the part of the 
Senate, as such Committee, Messrs. Niles, Cobb and Bennett. The 
concurrence of tlic House is respectfully requested. 

On motion by Mr. Prather, ; 

The resolution was concurred iii. 

SENATE BILLS ON TUIRD READING. 

Engrossed Senate bill No. 61. A bill to amend section \ of an 



235 

act containing several provisions regarding landlords, tenants, lessors- 
and lessees, approve*] May 20, 1852. 
Was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the afBrmative were^ 

Messrs. Bird, Boyd, Church, CofFrotb, Davidson, Gleason, Gregory 
of Warren, Hargrove, Harrison, Hershey, Howard, Hunt, Jjlmson^ 
Lane, Lemon, Lockhart, Lopp, McVey, Ncwcomb, Reese, Rhoads, 
Richards, Richardson, Roach, Sabin, Shuey, Sim and Mr. Speaker 
—30 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Bonner, Brown, Burnes, Burton, Bur- 
well, Caldwell, Chambers, Collins, Cook, Croan, Crook, Ferris„ 
Foulke, Glazebrook, Goodman, Gregory of Montgomery, Groves, 
Hamrick, Hogate, Hoover, Humphreys, Kilgore, Lasselle, Lee, Lit- 
son. Major, Meredith, Milroy, Montgomery, O'Brien, Olleman,. 
Osborn, Patterson, Perigo, Pinney, Rice, Shoaff of Allen, Stuart, 
Stenger, Stringer, Stuckey, Thatcher* Trusler, Upson, Veach, Wei- 
kel, Welch, White, Woodruff, Wright and Woods— 52, . 

So the bill was }o:4. 

Senate bill No. 84. A bill to amend section two of an act entitled 
" an act presci-ibing the powers and duties of Justices of the Peace 
in State prosecutions," approved May 29, 1852, so as to authorize- 
the reviver of a warrant throughout the State. 

Which was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Bornes, 
Burton, Burwell, Caldwell, Chambers, Church, Collins, Cook, Croan^ 
Crook, Davidson, Ferris, Foulke, Glazebrook, Gleason, Goodman, 
Gregory of Montgomery, Gregory of W^ir^en, Groves, Hamrick, 
Hargrove, Harrison, Hershey, Hogate, Hoover, Howard, Humphreys, 
Hunt, Johnson, Lane, Lasselle, Lee, Lemon, Litson, Lockhart, Lopp, 



236 

Major, Montgomery, McVey, Newcomb, O'Brien, Olleman, Osborn, 
Perigo, Pinney, Prather, Ueese, Rhoads, Rice, Richardson, Roach, 
Sabin, ShoafF of Allen, Shuey, Sim, Spencer, Stuart, Stringer, 
Stuckey, Thatcher, Trusler, Upson, Veach, Weikel, Welch, Whitej, 
Woodruff, Wright, Woods Zeigler and Mr. Speaker — 75. 

None voted in the negative. 

So the^UiU q?assed. 

The question being, shall the title, as read, stand as the title of 
said bill? 

It was so ordered. 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

Engrossed Senate bill No. 4. A bill to provide for the making 
and authentication of transcripts from the records of the recorder's 
office in certain cases, and for the admissibility in evidence of the 
same, and certified copies of the deeds and mortgages contained 
therein. 

Wliit:h v,";is ie:!il a third time. 

Tiie question being, shall the Inlfl pass? 

Those Avho voted in the affirmative wero, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Barnes, Burton, Bur- 
w^l, Caldwdl, Chambers, Church, Collins, Cook, Croan, Crook, 
Davidson, Ferris, Gleasoii, Goodman, Gregory of Warren, Groves, 
Hamrick, Hargrove, Harrison, Hershey, Hogate, Hoover, Howard, 
Humphreys, Hunt, Johnson, Kilgore, Lasselle, Lemon, Litson, Lock- 
hart, Lnpp, MaTor, Meredith, Montgomery, McVey, Newcomb, 
O'Brien, Olleman, Osborn, Perigo, Pinney, Prather, Reese, Rhoads, 
Rice, Richardson, Roach, Sabin, Shoaff of Allen, Shuey, Spencer, 
Stuart, Stringer, Stuckey, Thatcher, Trusler, Upson, Yeacli, Weikel 
Welch, White, Woodruff, Wright and Woods— 69. 

Those who voted in the negative were, 

Messrs. Gleason, Lane and Lee — 3. 

So the bill passed. 



'S6t 

'The question being, shall the title a:s read, stand as the title of tbf 
bill? 

It was so ortlered. 

Ordered, That the Clerk inform the Senate of the pus.^nge of said 
bill. 

Engrossed Senate bill No, 'l^o. A bill defining certain misderaean- 
ors, and prescribing punishment therefor. 
WiiicL- was read a third time. 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Burnes, Burton, Cham- 
bers, Church, Coffroth, Cook, Croan, Crook, Davidson, Ferris," 
Glazebrook, Gleason, Goodman, Gregory of Montgomery, Gregory 
of Warren, Groves, Ilamrick, Hargrove, Harrison, Hershey, Hogate.. 
Hoover, Howard, Humphreys, Hunt, Johnson, Kilgore, Lane, Las- 
selle, Leo, Litson, Lockhart, Lopp, Major, Meredith, Montg->mery, 
McVey, Newcomb, O'Brien, Olleman, Osborn, Perigo, Pinney, 
Reese, Rhoads, Rice, Roach, Shuey, Sim, Spencer, Stuart, Stringer, 
Stuckey, Thatcher, Trusler, Upsan, Yeach, Welch, White, Woodruff, 
Wright and Woods — ^'o, 

Those who voted in the negative were, 

Messrs. Collins, Lemon Prather, Richardson and Weikel — 5, 

So the bill passed. 

The question being, shall the title of the bill, as read, stand as 
the title of said bill? 

It was so ordered. 

Ordered, That the clerk inform the Senate of the pass:jgo of said 
bill. 

Engrossed Senate bill No. 70. A bill for the relief of any per- 
son, plaintitT in execution, all officers to whom executions may be 



238 

issued on any judgment, and sureties and co-sureties in certaiJi 

cases. 

Whicli was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burton, Caldwell^ 
Chambers, Ferris, Foulke, Gleason, Gregory of Montgomery, 
GreiTory of Warren, Hargrove, Harrison, Howard, Humphreys, 
Hunt, Johnson, Lee, Lockhart, Meredith, McVey, Prather, Rhoads, 
Rice, Shuey, Sim, Trusler, Veach, Woodruff and Zeigler — 82. 

Those who voted in the negative were, 

Messrs. Brown, Collins, Groan, Crook, Glazebrook, Goodman,! 
Groves, Hararick, Hershey, Hogate. Hoover, Lane, Lemon, Lopp^ 
Major, Milroy, Newcomb, O'Brien, Ollemnn, Osborn, Perigo, Pinney, 
Reese, Richardson, Roach, Spencer, Stuart, Stringer, Stuckey^ 
Thatcher, Upson, Weikel, Welch, White, Wright and Woods — 36. 

So the bill was lost. 

Engrossed Senate bill No, 115. A bill to amend section eleven 
r^f iiTi ;ict concerning county prisons, approved May 27, 1852. 
Which was read a third time. 

And the question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Burton, Caldwell, Cham- 
bers, Church, Cook, Croan, Crook, Davidson, Ferris, Foulke, Glea- 
son, Goodman, Gregory of Montgomery, Gregory of Warren, Ham- 
rick, Hargrove, Harrison, Hershey, Hogate, Hoover, Howard, Hum- 
phreys, Hunt, Johnson, Lane, Lasselle, Lee, Lemon, Lockhart, 
Lopp, Major, Meredith, Milroy, Montgomery, Olleman, Perigo, 
Pitiney, Prather, Reese, Rhoads, Rice, Richardson, Sabin, Shoaff of 
Allen, Shucy, Spencer, Stuart, Thatcher, Trusler, Upson, Veach, 
Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler and Mr, 
Speaker — 6o. 



239 
Those who voted in the negative were, 
Messrs. Collins, Glazebrook, Groves, Stringer and Stuckey — 5, 
£" So the bill passed. 

The question being, shall the title, as read, stand as the title to 
said bill ? 

It was so ordered. 

Ordered, That the clerk inform the Senate of the passage of said 
bill. 

Engrossed Senate bill No. 82. A bill to authorize cities to pre- 
pare, execute, negotiate and sell bonds, to pru\ ide means to complete 
unfinished school buildings, and to pay debta contracted for the 
erection of school buildings and to authorize the levy and collection 
of an additional special tax, to provide means for the payment of the 
interest and principal of such bonds. 

Was read a third time, together with amendments heretofore 
adopted. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, ' 

]\Iessrs, Atkinson, Bonner, Boyd, Chambers, Church Cook, Crook^ 
Davidson, Ferris, Foulke, Gleason, Goodman, Gregory of Mont- 
gomery, Gregory of W.irren, Groves, Ilamrick, Harrison, Ilershey, 
Hogate, Howard, Johnson, Lane, Lasselle, Lockhart, Miijor, Mere- 
dith, Montgomery, McVey, Newcomb, Olleraan, Osborn, Prather. 
Reese, Rhoads, Rice, Richardson, Roach, Sabin, Shoaff of Allen- 
Sliuey, Sim, Stuart, Stuckey, Thatcher, Upson, Veach, Welch, 
Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 51. 

Those who voted in the negative were, 

Messrs. Bird, Burton, Collins, Croan, Glazebrook, Hargrove, 
Hoover, Humphreys, Hunt, Lee, Lemon, Lopp, Milroy, Perigo. 
Stringer, Weikel and White — 17. 

So the bill passed. 



240 

The question being, shall the title of the bill, as read, stand as tht 
title to said bill ? 

It was so ordered. 

Ordered, That the clerk inform the Senate of the passage of saic; 
bill. 

Senate bill No. 09. A bill requiring clerks of the Circuit Courts 
and Courts of Common Pleas, to make indexes to the Record Books 
cf their respective offices. 

Was read a third time. 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Bonner, Boyd, Brown, Burnes, Chambers, Cox, Foulke 
Grecrorj of Warren, Ilogate, Howard, Kilgore, Lasselle, Litsori 
Meredith, Shuey, Trusler and Mr. Speaker — 17. 

Those who voteil in the nefrative were, 

Messrs. Atkinson, Bird, Burton, Caldwell, Church, Collins, Cools 
Croan, Crook, Davidson, Ferris, Glazebrook, Gleason, Goodmar 
(jrovcs, Hamrick, Hargrove, Ilershey, Hoover, Humphreys, Hunt 
Johnson, Lane, Lee, Lemon, Lockhart, Lopp, Milroy, Montgomery 
Newcorab, O'Brien, Olleman, Osborn, Perigo, Pinney, Prathei 
Tlhoads, Rice, Richardson, Roach, Sabin, Shoaff of Allen, Spencei 
Stuart, Stringer, Stuckey, Thatcher, Upson, Weikel, Welch, White 
Woodruff. W'right, Woods and Zeigler — 55. 

So the bill was lost. 

Mr. Spencer moved to suspend the order of business wherebi 
Joint Resolution No. 1 was made the special order for 7 o'clock thi' 
evening and that said Joint Resolution No, 1, be made the order o 
the day for Wednesday evening next at 7 o'clock. 

Which was agreed to. 

Mr. Brown moved that when the House adjourn, it meet at 
o'clock, to-morrow. 



241 

Mr. Boyd moved to amend by substituting 2 o\-lock I'. M^ 
to-tiiorrow. 

\\ hich u';is a^rreed to. 

Mr. Groves asked leave of absence for the Committee on State 
Prison South fiom Thursday until Saturday next. 

Mr. Brown moved to amend the request by allowing the Chairman 
md two members leave. 
Which was agreed to. 

Mr. Brown moved to lay the request on the table. 
AVliich was agreed to. 

HOUSE BILLS ON THIRD HEADING. 

House bill No. 82. A bill concerning the creation of Corporations 
for the purpose of maintaining High Schools within the State, and 
ajiving the requisite powers to such corporations. 

Which was taken up and read a third time. 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Bo^d, Brown, Burnes, Caldwell, Cham- 
ters, "Church, Cook, Crook, Davidson, Ferris, Foulke, Gleason 
xre^ory of Warren, Groves, llamrick, Hershey, Hogate, Hoover, 
loward, 1/ ne, Lee, Litson, Lockhart, Lnpp, Major, Mer -dith 
lilroy, Montgomery, McVey, Newcomb, Olleman, Perigo, Pinney, 
Vather, Rhoads, Rice, Richardson, Roach, Shoaff of Allen, Shuey, 
tuart, Stuckey, Trusler, Upson, Veach, Weikel, Welch, Woodruff, 
:7right, Woods, Zeigler and Mr. Speaker — 54. 

Those who voted in th.; negative were, 

Me-<>!3. Bird, Burton, Collins, Croan, Glazebrook, Hargrove, 
iumphreys. Hunt, Lasselle, Lemon, O'Brien, Osborn, Sabin, Spen- 
der and Stringer — 15. 

So the bill passed. 

The qriestio eing, shall the title, as reid, be the title of said bill ? 
'' It was so ordered. 

H. J.— 16 



242 I 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

The Speaker announced the following Select Committee on Con- 
current Resolution of the Senate. 

Messrs. Prather, Gleason, Buskirk, Newcomb and Brown. 

Mr. Prather moved to suspend the order of business, and take u] 
Senate bill No. 21. \ , , 

Which was not agreed to. a 

On motion by Mr. Spencer, 
The House adjourned until to-morrow at 2 o'clock, P. M. 



MONDAY 



^DAY, 2 o'clock, p. M.,li 
November, 29, 1865. j ' 



House met pursuant to adjournment. 



On motion by Mr. Montgomery, 
The reading of the Journal was dispensed with. 

REPORTS OF COMMITTEES. 

Mr. Coffroth, from the Committee on the Judiciary, made 
following report: 

Mr. Speaker: 

The Judiciary Committee, to whom was referred House bill 
254, entitled "an act to am^nd sections 5,14 and 17 of ani 
entitled 'an act incorporating the town of Huntington,' appn*^ 



I 



243 

Feb. 16, 1848," hnve hnd the same under consideration, and have 
instructed me to report the same back, and to recommend its 
passage. 

Which was laid on the table. 

PETITICNS, MEMORIALS AND REMONSTRANCES^, 

By Mr. Gregory, of Montgomery : 

A petition from sundry citizens of Montgomery county on the 
subject of Temperance. 

Which was referred to the Committee on Temperance. 

By Mr. Montgomery : 

A petition from sundry citizens of Howard county on the subject 
of Temperance. 

Which was referred to the same committee. 

By Mr. Lane : ; , 

A petition from sundry citizens of Bainbridge, Ind., on the Bubjeci 
of Temperance. 

Which was referred to the same committee. 

By Mr. Sullivan, of Scott: 

A petition from sundry citizens of Scott county on the subject of 
Temperance. 

Which was referred to the same committee. 

By Mr. Hoover : 

Several petitions from the county of Knox on the subject of 
Temperance. 

Which were referred to the same committee. 

By Mr. Zeigler : 

Several petitions from the county of Miami on the subject of 
Temperance. 

Which were referred to the same committee, 



244 
By Mr. Atkinson : 

Several petitions from the county of Benton on the subject of 
Ternperance. 

Which were referred to the same committee. 

The Speaker laid before the II »use a memorial from citizens of 
Cass county, on the subject of Temperance. 

Which was referred to the Committee on Temperance. 

* 

SPECIAL ORDERS FOR THE DAY, 

The hour having arrived for the consideration of the special order 
of the day. 

House bill No. 218. A bill to amend sections three and four of 
an act entitled "an act to regulate and license the sale of spirituous, 
vinous, malt and other intoxicating liquors, to prohibit the adultera- 
tion of liquors, to repeal all former laws contravening the provisions' 
of this act, and prescribing penalties for the violation theieof," 
approved March 5, 1859, and prescribing penalties in case of a 
»econd or subsequent conviction. 

Which was taken up. 

I 

Mr. Newcomb moved that the bill be recommitted to a special 
committee of five with the following instructions : 

That section three of an act entitled "an act to regulate and 
license the the sale of spirituous, vinous, malt and other intoxicating 
liquors, to prohibit the adulteration of liquors, to repeul all former 
laws contravening the provisions of this act, and prescrib'ng pen- 
alties for the violation thereof," approved March 5, 1859, which 
reads as follows to-wit ; 

Sec. 3. Any white male inhabitant, desiring to obtain a license 
to sell intoxicating liquors, shall give notice to the citizens of the 
township in which he desires to sell, by publishing, in a weekly, 
newspaper in said county, a notice, stating in the notice the precise 
location of the premises in which he desires to sell, at least twenty 
days before the meeting of the board at which he intends to apply 
for license, or in case there is no such newspapers in such county, 
then by posting up written or printed notices in three of the most 
public places in the township in which he desires to sell, at least 



245 

twenty days before the meeting of such board, and it shall be the 
piiv leges of any inhabitant of said township to remonstrate, in 
writing, aiiainst the granting of such license to any applicant, on 
account of immorality or other unfitness,'" be and the same is hereby 
amended to read as follows, to-wit : 

All persons who shall hereafter sell an\' intoxicating liquors, by a 
less (iUitiitity than a quart, or who shall sell such liquors by a larger 
quantity than one quart at a tiniC to be drank, on the premises 
whore sold, shall be denominated retailers of intoxicating liquors, 
and suck retailers are hereby divided into two classes, to-wit: 

Sdch as shall sell ale, beer, wine or other malt or vinous liquors, 
the product of fermentation, as contradistinguished from distillation, 
and which are not mixed with distilled liquors shall be denominated 
retailers of the first class ; and second : 

Such as shall sell whisky, brandy, gin, rum, or any other liquors 
which are produced by distillation, in whole or in part, shall be 
denoniinatt d retailers of the second clats. 

Any white male inhabitant over the age of twenty-one years 
desiring to obtain license to sell intoxicating liquors, shall give 
notice to the citizens of the township in which he desires to sell, by 
publishing in a newspaper, in the county, a notice, stating therein 
jthe precise location of the premises in which he desires to sell, and 
|the class of license for which he intends to apply, which publication 
shall be made at least six times in a daily newspaper, printed in the 
English language, if one be published in such county, for fourteen 
davs prior to the regular session of the Board of County Commis- 
sioners at which the applicant intends to apply for license, and if 
there be no daily newspaper printed in such county, then the publi- 
nation shall be for two successive weeks at least twenty days before 
|the regular session of such board, in any weekly newspaper printed 
in such c(tunty, and if th^re be printed in such county a newspaper 
in the German language, then there shall be, also, similar publica- 
tions made therein. 

And in case there shall be no newspaper printed in such county, 
'Jjthen by pot^ting up written or printed notices in five of the most 
J'Ipubl'C places of the township in which he desires to sell, at least 
'twenty days before the meeting of said board, and it shall be the 
'''privilege of any inhabitant of said township to remonstrate, in 



245: 

writing, against the granting of such license to any appli&ant cm 
account of immorality or other unfitness. 

Sec. 2. Section four of the above recited act which reads as> 
follows, to-wit : j 

The Board of County Comm'ssioners, at such terra, shall grant a 
license to such applicant upon his showing to the satisfaction of said 
Board of Commissioners that he has given the notice as above 
required, and that he is a man of good character and fit to be 
trusted with said license, and upon bin giving bond payable to the I 
State of Indiana, with at least two freehold sureties, resiilents Avithin i 
said county, to be approved by the county auditor, in the sura of 
five hundred dollars, conditioned that he will keep an or.lerly jmd i 
peaceable house, and tbit he will pay all fines and costs that may be [ 
assessed against him, for any violation of the provisions of this act,) 
which bond shall be filed with the county auditor of said county, be 
and the same is hereby amended so as to read as follows, to-wit: 

Sec. 4. The Board of County Commissioners, at such term, shall 
grant a license to such applicant upon his presenting to said board 
to be filed with the records of the same, a petition signed by twenty- 
five bona fide resident tax payers and voters of the wan! of the city 
where the premises are located on which the liquor is to be sold, or 
if the premises are not within the corporate limits of a city, ther 
such petition shall be signed by at least forty bona fide resident ta3 
payers and voters of ttie township wht^rein the premises are locatet 
in which the liquor is to be sold, which petition shall clearly se 
forth, that said applicant is a man of good character and fit to b^ 
trusted with such license and such applicant shall prove to the satis 
faction of said board, that such petitioners are bona fide resident 
an I tax payers of such ward or township, and that the f.icts in sue 
petition are true, and that he has o;iven the notice above requirec 
and if such boanl shall be satisfi d that the applicant is a suitabl 
person to be trusted with such license and thit the notice hereinbe 
fore required has been given, and the petition and testimony here 
inbefore stated, lias been duly filed and heard, license shall is-u 
to such applicant, upon his giving bond to the State of Indiana, wit "*' 
at least two freehold sureties, residents of said; county, to I "' 
approved by the county auditor as fallows, to- wit i 



247 

Said retailers of the first cla?s in the Bum of five hundred dollars, 
and said retailers of the second cla^s in the sura of one thousand 
dollars, conditioned that he will pay all fines and costs that may 
be assessed against him for any violation of any of the provisions of 
this act, and of the act to which this is an amendment, which bond 
shall be tiled with the county auditor of such county. 

Sec. 3, And that section five of the above recited act, which 
reads as follows, to-wit : 

"Sec. 5, Such applicant shall, before license shall issue to him, 
be requested to pay to the treasurer of said county fifty dollars, as a 
fee for license for one year, to be applied and expended for common 
school purf'oses, in the same manner in which the revenues of the 
common school fund are, or may be expended," be, and the same is 
hereby amended so as to read as follows : 

Sec. 5. Said applicant shall, before license shall issue to him, be 
required to pay to the treasurer of said county for the benefit of 
common sqhools the sums of money herein stated as follows, to-wit: 
For a license as retailer of tlie first class, forty dollars. Fur a 
license as a retailer of the second class, two hundred and fifty dol- 
lars, as a fee for license for one year from the d^te thereof. ^ 

Sec. 4. And that section twelve of the above recited act which 
reads as follows, to-wit : 

" Sec. 12. Any person who shall adulterate any intoxicating 

liquor, which is intended for sale, by the admixture of any delete- 

:rious substance therewith, or any person who shall offer for sale or sell 

lany intoxicating liquor, which shall have been so adulterated as 

|i aforesaid, on conviction thereof shall be fined in any sum not less 

y than fifiy dollars, nor more than five hundred dollars, to which the 

(couit or jury trying the cause may add imprisonment in the county 

jail for any determined period not exceeding three months,'' be, and 

the same is hereby amended so as to read as follows, to-wit : 

Sec. 12. Any person who shall adulterate any intoxicating 

i; liquor which is intended for sale, by the admixture of any delete- 

'rious substance therewith, or any person who shall offer for sale or 

' sell any intoxicating liquor, which shall have been so adulterated as 

aforesaid, on conviction thereof, shall be fined in any sum not less 

than fifty dollars nor more than five hundred dollars, to which the 



248 

court or jury tryinjr the cause miy aid imprisonment in the county 
jail for any determined period not excee<ling three months; and in 
any suit hronght to recover the price or value of any intoxicating 
liquor, it shall be a sutlicient defence thereto to allege and prove 
that the same was adulterated in the manner aforesaid. , , : 

Sec. 5. Any minor over the age of sixteen years, who shall 
falsely represent himself to any licensed retailer of intoxicating 
liquors, to be over the age of twenty-one years, and by such repre- 
sentation shall induce any such retailer to sell or give to him, said 
minor, any intoxicating liquor, shall, on conviction thereof be fined 
in any sum not less than five nor more than twenty five dollars. 

Sec. 6. Any person not being licensed according to the provis- 
ions of this act, who shall sell or barter directly or indirectly, intoxi- 
cating liqiu.rs in less quantity than a quart at a time, or who shall 
sell or barter any intoxicating liquor to be drank or snlfcred to be 
drank, in his house, out-house, yard, garden, or the appurtenances 
thereto belonging, or any person being licensed according to the 
provisions who shall sell or barter directly or imlirectly, a-ny intoxi- 
catin'T liquors not authorized by his license, shall be su^>ject to the 
like penalties, as are prescribed by section ten of the act to which 
this is an amendment. . ' ■ ' • 

Sec. 7. Upon a second conviction for violating any of the pro- 
visions of this act, or of the act to which this is an amendment, or 
if any retailer ot the first class, as above designated, shall directly 
or in<lirect1y sell, barter or give away any distilled liquors, or any 
vinous, malt or fermented liquors, mixed with any distilled liquors 
upon a second conviction for such off'ence, it may, in the discretion 
of the Judge trying such cause be a part of the judgment of the 
court that the license granted to such off'ender shall be revoked and 
canceled^ and no license shall issue to such offender for the space of 
one year from and after the date of such conviction. 

Mr, Brown moved to lay the motion to re-commit, and substitute^ 
on the table. i 

L 
Messrs. Iliggins and Newcomb demanded the ayes and noes. j 

Those "who voted in the aflfinnntive were, ''' I 



Messrs. Abbett, Atkinson, Boyd. Brown, Burton, Buskirk, Cham- 
bers, Coffroth, Collins, Cox, Crook, Davidson, Dunham, Ferris, Glea- 



I 



249 

Bon, (jiregory of Montgomery, Gregory of Warren, Ilamri^k, lloiiate, 
Hoover, flunphreys, tliirit, Johnson, Lino, Milr)y, \I » it m n -ry, 
Osborn, P itterson, Pinney, PiMther, lli.jse, Rnii-;, ili;'ir-h>n. 
Roach, S.ihin, Shoiff of Jay, Shiioy, Spencer, Stuart, Stonier, 
Stringer, Stnokey, Sullivan of Scotr, Sullivan of P. & V., Thatcher, 
Upson, Veach, Weikel, Woodruff and Zeigler — 5-^. 

Those who voted in ihe negative were, 

Messrs. Bonner, Branham, Burnes, Caldwell, Cook, Cow;j;ill. Groan, 
Foulki', Glazt'brook, Goodnnm, Groves, Hargrove, Henricks, Her- 
fihey, Higgin'^, Howanl, Kilgore, Litson, Lockhart, Lopp, Major, 
Miller, McVey, Newcomb, O'Brien, Olleman, Perigo, Kice, Sim, 
Trusler, Welch, White, Wright, Woods and Mr. Speaker~'j4. 

So the motion to recommit was laid on the table. 

Mr. Higgins moved to re-commit to a special committee, uitli the 
following instructions: 

In sec. 3, line 0, strike out the words "one half," and insert "one 
fourth."' 

In sec. 3, line 11, strike out the word " majority," and insert " one 
fou.th" 

Mr. Brown moved to lay the motion on the table. -i 

Messrs. Newcomb and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Burwell, Bus- 
kirk, Chambers, Coffroth, Collins, Cox, Croan, Crook, Davidson, 
Dunham, Ferris, Glazebrook, Gregory of Montgomery, Gre,ji;ory of 
Warren, Hamrick, Henricks, Hershey, Hogate, Hoover, Johnson, 
Lane, Lemon, Major, Milroy, Montgomery, Olleman, Pinney, 
Prather, Reese, Rhoads, Richardson, Sabin, Shoaff of Jay, Shuey, 
Spencer, Stuart, Stringer, Stuckey, Sullivan of Posey ami Vander- 
burg, Upson, Veach, Weikel, Welch, Wright, Woods and Zeigler 
—51. 

Those who voted in the negative were, 

Messrs. Burnes, Burton, Caldwell, Church, Cook, Cowgill, Foulke 



250 



Glenson, Goodman, Groves, Hargrove, Higgins, Howard, Humphreys,? 
Hunt, Kil^ore, Lasselle, Litson, Lockhart, Lopp, McVey, Newcomb, 
Obborn, Patterson, Perigo, Rice, Ptoach, Sim, Stenger, Sullivan of 
Scott, Thatcher, Trusler, White, Woodruff and Mr. Speaker— 35. 



So the motion -was laid on the table. 

Mr. Litson moved to re-commit to a special committee, with the 
follo^viIJg instructions : 



-«l 



I move to recommit the bill with instructions to strike out all that 
par) that requires a msijority of legal voters to sign the petition, and 
amend so that if a majority protest, no license shall be granted. 

Mr. Brown moved to lay the motion on the table. 

Messrs. Newcomb and Brown demanded the ayes and noes. ' k 

Those who voted in the affirmative were, j 

Messrs. Abbett, Atkinson, Bonner, Brown, Burton, Burwell, Bus- 
kirk, Chambers, Coffroth, Collins, Cox, Groan, Davidson, Dunham, 
Penis, Glazebrook, Gleason, Gregory of Montgomery, Gregory of 
Warren, Hiirarick, Hershey, Ungate, Hoover, Hunt, Johnson, Lane, 
Lee, Major, Milroy, Montgomery, Olleman, Pinney, Prather, Hecse, 
llhoads, Richardson, Sabin, Spencer, Stenger, Stivers, Stringer, Sul- 
livan of P. & v., Thatcher, Upson, Veach, Welch. Woods and Zeigler 
—48. . 

Those who voted in the negative were, 

Messrs. Boyd, Branham, Burnes, Church, Cook, Cowgill, Crook 
Foulke, Goodman, Groves, Henricks, Higgins, Howard, Humphreys, 
Kdgoro, L'lsseile, Lemon, LiL-on, Lopp, Miller, McVey, Newcomb, 
Osborn, Perigo, Rice. Roach, Shoaff of Jay, Sim, Stuart, fctuckey, 
Sullivan of Scott, Trusler, Weikel, White, Woodruff, Wright and Mr. 
peaker — 37. 

So the motion to recommit was laid on the table. 

Mr. Coffroth moved the previous question. 

Which was not seconded. '• 



251 

Mr. Zeigler moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Ilenricks moved that when the House adjourn, it meet agaiQ 
at 7 o'clock, this P. M. 
"Which was not agreed to. 

Mr. Burwell moved to postpone the further consideration of said 
bill till to-morrow at 2 o'clock, P. M. 

^'Mr. Wright moved to amend by making it the special order for 1 
o'clock to-morrow evening. 
Which was not agreed to. 

The question being on the motion made by Mr. Burwell, 
It was agreed to. 

On motion bj Mr. Coffroth, 
The House adjourned till to-morrow morning at 9 o'clock. 



THURSDAY MORNING, 9 o'clock. \ 
November SO, 1865. j 

House met pursuant to adjournment. 

The Clerk proceeded to read the Journal, when, 

On motion by Mr. Wright, 
The further reading of the Journal was dispensed with. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By :\Ir. Trusler : 

A petition signed by the commissioners of Fayette county, recosjr- 
mending the repeal of the soldier's relief law. 

Referred to a special cammittoe on Soldiers' Home. 



252 

By Mr. Foulke : ' , - 

A petition signed by Frederick Walterman and six hundred others, 
citizens of Wayne county, on the subjt^ct of Temperance. . |/ 
Referred to Committee on Temperance. • . 7 

By Mr. Rice : 

The petition of John T. Campbell, of Parke county. 

Your petitioner, a citizen of Parke county, prays your honorable 
%ody to so change the Road Law of this State, as to have all roads 
worked by contract, said contract to be let to the lowest responsible 
bidder, and paid by taxation, allowing the road tax to be worked out 
as now, but subject to the agreement between the tax payer and the 
contractor as to the kind of work, and the price for it. Said law to 
limit the expenditures per mile for each year, and to discriminate 
between the expenditures on level, swampy and liilly ground. And, 
further, make the township trustee the road master of the township^ 
Jind jj.iy him more for his work. 

Wlii'jh was read, and referred to the Committee on Roads. 

By Mr. Sullivan of Scott: 

A petition signed by sundry citizens of Scott county, asking a 
repenl <,f the do^ laws. 

Referred to the Committee on the Rights and Privileges of thf 
Inhabitants of the State. 

By Mr. Lasselle : 

A petition signed by sundry attorneys of Logansport, for changing 
the act fixing time of holding courts in Cass county, approved Jan. 
31, 18<J5. 

Referred to Committee on Courts of Justice. 

By Mr. Montgomery : 

A petition signed by sundry citizens of Howard county on the 
.■subject of Temperance. 

Referred to the Committee on Temperance, 



253 

REPORTS OP COMMITTEES. 

Mr. Newcomb, from the Committee on the Judiciary, made tW 
following report : 

Mr. Sr-EAlvER : 

The Judiciary Committee, to whom was referred House bill No 
255, entitled "an act supplemental to an act entitled 'an act for the 
incorporation of Insurance Companies, defining their powers and 
prescribing their duties,' approved Jnvfe 17, 1852," respectfully 
report thit they have had the same under consideration, and 
recommend its passage. 

Which was laid on the table. 

Mr. Branham, from the Committee on Ways and Means, made t\\& 
following report : , , « . 

Mr. Speaker : 

The Joint Committee, to whom was referred so much of the Gov- 
ernor's Message as relates to the public debt, have had the same 
under consideration, and have directed me to report the following 
bill ; 

Which report was laid on the table. • ' < 

Mr. Newcomb, from the Judiciary Committee, made the followiivg 
report : .i: , 

Mr. Speaker ; 

The Judiciary Committee, to whom was referred House bill No, 
18, entitled "a bill to provide for the publication of notice to, or ser- 
vice of summons on non-residents, on complaint for new trial," 
respectfully report that they have had the same under consideration^ 
and recommend the following amendments : 

Strike out the words " publication or," in the 11th line, and strike 
out the words " or publication had," in the 15th line, and add to tl«; 
end of the 1st section, "or such notice may be served on the attor- 
ney or attorneys of record of the adverse party in the cause in 
which the new trial is sought." 

And, upon the adoption of said amendments, the ComiclLtee recom- 
mend tlie passage of the bill. 

Which was laid on the table. 



Mr. Newcomb, from the Committee on the Judiciary, made the 
following report: 

Mh. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 

227, entitled "an act to amend an act entitled " an act to revisff^ 
simplify :md abridge the rules, practice, pleadings and forms in civil 
cases in the courts of this State, to abolish distinct forms of actions 
at law, iind to provide for the administration of justice in a uniform 
mode of pleading and practice, without distinction between law and 
equity," approved June 18, 1852, respectfully report that they have 
had the s;ime under consideration, and recommend that said bill be 
indefinitely postponed. 

AVhich was concurred in, and the bill was indefinitely postponed. I 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : '■' , 1 

Mr. Speaker; j 

The Judiciary Committee, to whom was referred House bill No^ 

228, entitled a bill to amend section 80 of av act entitled "an act to 
revise, simpHfy and abridge the rules, practice, pleadings and forms 
in civil cnses in the Courts of this State, to abolish distinct forms of 
actions at law, and to provide for the administration of justice in a 
uniform mode of pleading and practice, without distinction between 
law and equity," approved June 18, 1852, respectfully report that 
thoy have had the same under consideration, and in the opinion of 
the Committee, legislation on the subject being unnecessary, they 
recommend that said bill be laid upon the table. 

Which was concurred in, and the bill was laid on the table. 

Mr. Newcomb, from the Judiciary Committee, made the 
following report : 

Mr. Speaker: 

The Judiciary Committee, to T/hom was referred Senate bill No ' 
31, entitled "an act relating to insurance on life for the bentfit o 
widows and orphans," respectfully report that they have had th< 
same urtdcr consideration, and in their opinioHj legislation on th< 



1 .. 255 

subject being unnecessary, recommend that said bill be laid upon the 
table. 

Which was concurred in, and Senate bill No. 31 was laid on the 
table. 

Mr. Gregory of Warren, from the Oommitteo on Education made 
the following report : 

Mr. Speaker: 

The Committee on Education, to whom was referred House bill 
iNo. 237, offered by Mr. Goodman, of Crawford county, amendatory 
of the 35th section of the new school law, have had the same under 
j consideration, and they recommend that the same be postponed 
indefinitely. 

i Mr. Branham moved the previous question, 
I Which was seconded. 

The question being, shall the main question be now put? 

It was agreed to. 

The question being, shall the report of the Committee be concurred 
in? 

It did not prevail, and the report was not concurred in, and the 
bill was not indefinitely postponed. 

1 Mr. Gregory of Warren, from the Committee on Education, made 
the following report: 

Mr. Speaker: 

j The Committee on Education, to whom was referred House bill 

I No. 252, offered by Mr. Ferris, of Ripley county, asking that the 

I school bill passed March 1865 be amended so that the benefits of 

said act might be extended to persons over the age of 21 years and 

under the age of d years, have had the same under consideration. 

and said committee have instructed me to report that said amend- 

■iment is inexpedient and that the said bill be indefinitely postponed. 

Mr. Groves dem^inded the previous question. 
Which was seconded by the House and the main question was 
,' ordered. 



256 

Tho question being, shall the report b? concurreii in ? ~ . 

It was not agreed to. 

-' ■ ■■:> ' 

Mr. Gregory of Warren, from the Committee on Education, made; 
the following report : 

Mr. Speaker : ; ; • ifj 

The Committee on Education, to whom was referred the petition 
and memorial of 13. Lockwood and other citizens of Floyd county, 
asking that the new school law be so amended, that the colorec i 
people of the State may have granted to them the benefits of com- 
mon schools, beg leave to report that a majority of said committer 
have reported a bill on that subject, which bill is now before th( 
Committee of Ways and Means, that no further report is necessary 
to be made. 

Which was laid on the table. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following leport : 

The Committee on Fees and Salaries, to whom was referrec 
House bill No. 216, an act to authorize county auditors to issue fe< 
bills for the collection of costs accrued before County Commissioners 
have had the same under consideration and direct me to report i' 
back recommending its passage. 

Which was laid upon the table. , 

Mr. Abbott, from the Coramiitee on Claims, made the following 
report : 

Mr. Speakhr : . . _ 

The Committee to whom was referred the claim of Messrs. Speigel, 
Thorns & Co: Office table, ^-13,00 ; carving eleven chairs ^13,75.' 
have had the same under consideration and would respectfully 
recommend that tho claim be allowed and placed in the specific 
appropriation bill, all of whi':h is respectfully submitted. 

Referred to the Committee of Ways and Means with instructione 
to incorporate in appropriation bill. ^ 

Which was referred to the Committee of Ways and Means with c- 
fecommendation that the claim be allowed. 



i ' 

Mr. Burnes, from tlio Committee on Rights and rrivileo;es, made 
the following report : 

iMr. Speaker : 

i The Committ'je on Rights and Privileges, to whom was recom- 
iiitted House bill No. 174, have had the same under consideration 
t-nd direct me to make the following report: 

Sec. 11. Strike out all after the enacting clause and insert the 
bllowing : That it shall be unlawful for any person or persons to 
:atch, or take fish in any lake, river, creek, or stream of water in 
he State of Indiana, except Lak« Michigan and the river Ohio, 
vith any kind of seine, net, or trap, or in any other manner, except 
vith hook and line, gig, or snare. 

f 
Sec. 2. Every person who shall catch, or take any fish, in any 

ike, river, creek, or stream of water in this State, except Lake 

Michigan or the river Ohio, with any seine, net, or trap, or in any 

ther manner, except with hook and line, gig, or snare, shall bo 

eemed guilty of a misdemeanor, and fined in any sum not less than 

en nor more than one hundred dollars. 

Sec. 3. Inasmuch as there is now no law in force in this State 
)r the protection of fish, an emergency exists, and this law shall be 
1 force and take effect from and after its passage. 

Which was laid on the table. 

, Mr. Lane, from the Committee of Manufactures and Commerce, 
lade the following report : 

[r. Speaker: 

The Committee on Manufactures and Commerce, to whom was 
iferred House bill No. 23!i, entitled an act to authorize Manufac- 
:ring Companies to erect a dam across the St. Joseph river, hi 
jlkhart county, have had the same under consideration and beg 
'lave to report it back and recommend its passage. 
Which was laid on the table. 
H. J.— 17 



258 

Mr. Stringer, from the Committee on Roads, made the followh 
report: 

Mr. Speaker : 

The Committee on Roads, to whom was referred House biU N 
271, have had the same under consideration, and have directed xi 
to report the same back to the House and recommend its passa 
without amendment. 

Which was laid upon the table. 

Mr. Stringer, Chairman of the Committee on Roads, submitt 
the following report : 

Mr. Speaker: 

The Committee on Roads, to whom House bill No. 164 w 
referred, have had the same under consideration, and have instruct 
me to report the same back to the House and recommend ,; 

passaiie. 

Which was concurred in and the report laid on the table. 

Mr. Stringer, from the Committee on Roads, made the follow! 
report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred Senate bill . 
191, have had the same under consideration, and have instructed 
to report the same back to the House and recommend its pass 
without amendment. 

Which was laid upon the table. 

Mr. Bonner, from the Committee on Roads, made the follov 
•report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred House bill 
241, an act to amend an act entitled " an act authorizing the 
struction of plank, McAdamized and gravel roads,"' approved . 
12, 1852, move to amend line 18 of section 13, by striking oul j 
word " seven ' ' and insert four, and also line twenty-one of i w 
section by striking out the word fifteen and insert ten, and "whe 



259 

■araemled (iircct rce to report said bill back to the House and recom- 
mend its passage. 

Which was laid upon the table. 

Mr. Bonner, from the Committee on Roads, made the fullowing 
report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred House bill No. 
263, a bill to provide by law to prevent conductors running railroad 
trains from obstructing public highways to the hindrance of travel, 
have considered the same; move to amend the title by adding the 
following words : — " and prescribing penalties therefor," and with 
said amendment, recommend its passage. 

Which was laid upon the table. 

. Mr. Stringer, from the Committee on Roads, reported the 
following : 

Mr. Speaker; 

I 

The Committee on Roads, to whom divers petitions of the citizens 
of the State of Indiana, upon the subject of so amending the law as 
to authorise the swinging of gates across public highways, have had 
the sama under consideration, and direct me to report a bill upon the 
subject, which is herewith submitted, and made part of this report, 
and recommend that it do pass. 

Which was concurred in, and the report laid on the table. 

Mr, Stivers, from the Committee on County and Township Busi* 
[n^ss, made the following report : 

Mr. Speaker: 

I The Committee to whom was referred Senate bill No. 122, " an 
act in regard to weights and measures, the custody thereof, and fees 
jfor using the same," have had the some under consideration, and 
direct me to report the same back to the House, and recommend its 
passage. 

Which was laid upon the table. 



260 

Mr. Stivers, from the Conimittee on Conntj and Tc-vrnsliip Busi- 
ness', made the following report : 

Mu. Speaker : 

The Comniittoo on County and Township Business, to whom was. 
referred House bill 240, entitled "an act to relieve county auditors, 
treasurers, trustees, assessors, and other officers in certain cases, for 
the year 18G5, from the penalties attached for the riolation of 'an 
net to discourage the keeping of useless and sheep-killing dogs, <tc.y: 
approved March 2, 1865, and declaring an emergency,' " have hadj 
the same under consideration, and direct me to report the same back 
to the House, and recommend its passage. 

Which was laid on the table. 

Mr. Stivers, from the Committee on County and Township Busi- 
ness, made the following report : 

.Mh. Speaker : ' 

The Committee on County and Township Business, to whom wag; 
referred a resolution inquiring into the expediency of reducing thel 
number of justices of the peace, and constables, to one in each town- 
ship, instruct me to report that they have had the same under con- 
sideration, and that, in their judgment, no legislation is necessary, 
and therefore beg leave to be excused from further action on the 
subject. 

Which was concurred in, and laid on the table, 

r^Ir. Caldwell, from the Committee on County and Township Busi' 
ness, made the following report : 

Mi;. SpEAKini : 

The Committee on County and Township Business, to whom was 
refeared a|^resolution^inquiring into the expediency of reducing th< 
number of justices of the peace, and constables to one in each towm 
ship, instruct me to report that they have had the same under con- 
sideration, and that, in their judgment, no legislation is necessary 
and therefore beg leave to be excused from further action o-n tbj 
subject. 

Which was laid on the table. 



261 

ISIr, ILimrick, from tlie Committee on Corporations made the fol- 
lowing report : 

Mr. Speak i:r : ^ 

The Committee on Corporations, to whom was referred Senate bill 
No. 103, entitled "an act repealing all general laws now in force 
for the incorporation of cities, providing for the incorporation of 
cities, prescribing their poAvers rights and duties, and the manner iu 
which they shall exercise the same, have had the same under consid- 
eration, and have directed me to report the same back with the 
following amendments, and when so amended, they recommend its 
lassase." 

Amend section 17, as follows : 

In line 34 strike out the words " said city,'' and insert in lieu 
hereof the words, ~' the civil township or townships in which said 
•iry is situated," 

Atnond section 24, by adding at the end the following: 

"And such engineer shall have exclusive jurisdiction to survey, 
letermine and establish and perpetuate the lines and corners of all 
ots, blocks, parcels of land and sub-divisions thereof, within the 
imits of such city. He shall make a record of all such surveys as 
he County Surveyor is now required to do, and such record or cer- 
ified copies thereof shall be evidence in all the courts in the State, 
md from all such surveys and appeal from surveys made by the 
;'ounty Surveyor." 

Amend section 34, as follows : 

1. In line 19 stiike out the word *- one " and insert the word 
two." 

2. In line 40 strikeout the word "one" and insert the word 
r'two. ' 

ji 3. Strike out lines Gd, 70 and 71, and insert iu lieu thereof the 
i>llowing: 

" Tenth, to compel the owners or occupants of any building or 
lut-house situate upon said real estate in such city that is filthy or 



262 

unwholesome to abate or cleanse the same, and to clean the streets 
and alleys adjoining such property, and for this purpose the Common 
Council may, by giving two days notice, require the owner or occu- 
pant of any such property to abate-such nuisance, or to clean said 
streets and alleys bordering on such real estate, and, upon failure so 
to do, the Common Council may order the same done by the Street 
Commissioner, or other officer or agent, and the expenses thereof 
shall be a lien upon such real estate, and may be collected by suck 
city in the same manner as assessments for street improvements." 

4. In line 75 strike out the word " one " and insert the word 
" two/' 

5. In lino 125 insert at the end thereof the words, " and their 
associates." 

6. In line 137 strike out all after the word " the '' and insert ini 
lieu thereof the following : 

" Common Council shall have the power to remove such pntridj 
animal, or vegetable matter, the expenses of which removal shall be' 
a lien upon such real estate and may be collected by such city in the' 
same manner as assessments for street improvements." 

7. At the end of line 140, insert the following : " Or for the^ 
purpose of drainage of such city." 

8. In line 150, after the word " liinits," insert the words, "and 
condemn lands and materials.*' 

9. Strike out all of the twenty-ninth paragraph, after the wo>rc 
" and," in line 17G, and insert the following words in lieu thereof 
'■• Annually thereafter.'' 

10. Strike out paragraph forty-third, commencing at line 26^ 
and including line 288, and insert the following : 

"Forty-third, To regulate the speed of railroad trains througli 
the city, and also to provide, by ordinance, for the security of citi 
zens and others for the running of trains through any city, and t(j 
require railroad corporations to observe the same, and also to requin ^ 
such corporations to keep cleaned the gutters and crossings of th( 
streets through and along which their railways may pass." 



2G3 

11. In line 291, after the word '• thereof," insert the words, " in 
whole or in part, including crossings of streets and alleys." 

12. In line 292, after the word "thereto,"" insert the words, 
"and the same shall be a lien on the property in the same manner 
as provided in cases of street improvements."' 

13. Add at the end of the section the following : 

*• Forty-Sixth. To regulate the planting, maintaining and pro- 
tection of shade trees along the streets, and in public grounds, and 
to compel the owners of lots bordering on any street or part thereof, 
to plant, maintain and protect such trees, and, on failure so to do, to 
cause the same to be done and the expenses thereof shall be a lien 
on such property and collected in the same manner as street 
improvements." 

Amend section 35 as follows : 

Strike out the whole section and insert in lieu thereof the 
following : 

" Sec. 35. For removal and abatement of nuisances, to carry 
out and enforce sanitary regulations, for the apprehension of disor- 
derly persons, vagrants, common prostitutes, and their associates, to 
exact license money from all persons licensed to retail intoxicating 
liquors by county or' State authority, and to regulate all places 
where intoxicating liquors are sold, to be used on the premises, the 
Common Council shall have jurisdiction two miles beyond the city 
limits." 

Amend section 37 as follows : 

Strike out the word "fifty '" in line 8, and insert the words, "one 
hundred." 

Amend section 38, as follows : 

Insert at the end of the section these words : 

'• Provided, That when no paper is published in such city, printed 
or written copies of such ordinances, shall be posted up by the City 
Marshal in at least five public places in each ward of such city, for 
two weeks before the taking effect thereof." 



264 
Amend section 41 as follows : 

Strike out all after the word '' citj *' in line 5G, and also the 
whole of lines 57, 58 and 59. 

V ■ • 

Amend section 59 as follows : 

1. Strike out in line 2, the words '^ Court of Common Pleas," 
and also all of line 3, and the word situate in line 4, and insert the 
words, " Common Council of said City. ' 

2. Strike out the words ''upon the'" in line 4, and, a'so, the 
whole of line 5. 

3. Insert after the word '-appropriated," in line 12, the words, 
" or through which any street is proposed to^ be straightened or of 
which the course is proposed to be altered. ' 

Amend section GO as follows : 

Strike out the whole of line 15. 

Amend section 65 as follows : 

1. In line 61, after the word " plank,"" insert the words, "or 
gravel." 

2. In line 68, after the word ''improvement"" the words, "or 
of repairs thereto." 

Amend section 83 as follows : 

Strike out the words, " an accurate survey, plat and map "' in 
lines 21 and 22, and insert the words, " an accurate description by 
metes and bounds, accompanied with a plat." 

Amend section 84 by adding thereto the following : 

" And provided further, That whenever, in any incorporated 
eity in this State, it shall so happen that such city shall own, within 
such city for the purposes of a pul)lic park, or square, or public 
schools, two tracts of land situated on opposite sides of a public 
street, the Common Council of such city shall have the power, by an 
ordinance, adopted by the votes of three-fourths of the Councilmen 
of such city to vacate so much of said street as lies between the said 



2 05 

tracts of land, in order that the same mny l>e united as one tract, 
and sucli part of said street so vacated, shall be deemed and held to 
be a part of said tract for the same u.-;es and purposes."' 

Amend section 03 by striking out all after the figures " 03, "" and 
insert the following new section : 

'' All levies of taxes heretofore made by any incorporated city in 
this State whether the assessments have been made by the City 
Assessor, or copied from the assessments for State and county 
revenue, be and the same are hereby legalized ; and the incorporation 
of all cities new operating under the laws hereby repealed shall be^ 
and the same is hereby legalized, whether such incorporation was 
regularly obtained or not." 

Add the following new section : 

" Si'^c, 04. Cities that have heretofore availed themselves of the 
'provisions of the general law of this State for the incorporation of 
cities, shall be, and remain municipal incorporations under this act; 
and inasmuch as it is important that the cities incorporateu in this 
State shall be enabled at the earliest possible period to enjoy and 
avail themselves of the provisions of this act, it is hereby declared 
that an emergency exists, requiiing the immediate taking effect of 
this act and the same shall therefore be in force from and after its 
passage and publication in the Indiana State Journal and Herald." 

Which was laid on the table. 

Mr. ITamrick, from the Committee on Corporations, made the 
following report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House 
jill No, 207, entitled a bill regulating foreign insurance companies 
loing business in this Stase, have had the same under consideration 
ind have directed me to report the same back with tlie following 
imendment, and when so amended they recommend its passage : 

Amend section 1, by adding thereto the following proviso: 

Provided, That the provisions of this section shall not be con- 



266 

strued to extend to, include, or embrace those insurance or detec- 
tive companies insuring against tliieves, 

"Which was laid upon the table. 

■i 
Mr. Hararick, from the Committee on Corporations, made the 

follo^ving report : 
Mr. Speaker : 

The Committe on Corporations, to whom was referred Senate bill 
No. 168, entitled an act touching the la.ying out of cities and addi- 
tions thereto, and the making and recording of plats thereof and 
lef^alizinw plats of such cities and additions thereto heretofore made 
and recorded, have had the same under consideration and have 
directed me to report the same back to the House and recommend 
its passage. ^ 

Which was laid upon the table. I 

Mr. ITamrick, from the Committee on Corporations, made the , 
following report : 

Mr. Speaker: J 

■ ■M 

The Committee on Corporations, to whom was referred House bill 
ISIo. 248, entitled "an act to amend the second section of the act for 
the incorporation of manufacturing and mining companies, and com- 
panies for mechanical, chemical and building purposes, approved 
]May 20, 1852," have had the same under consideration, and have j 
directed me to report the same back to the House, and recommend i 
its passage. 

Which was laid upon the table. '- 

Mr. Foulke, from the Committee on Corporations, made the 
following report : j 

Mr. Speaker : •j 

The Committee on Corporations, to whom was referred Senate bill 
No. 34, entitled •' an act to authorize incorporated cities "within this 
State to purchase and hold parks, fair-grounds, and grounds for 
public uses, and to prescribe rules and regulations for the govern- 
ment, control and preservation of the same," have had the same 
under consideration, and instruct me to report the bill back to this 



267 

House, and recommend that it be laid upon the table, as the subject 
matter is embraced in a general bill defining the powers of cities^ 
towns, Sec. 

Which was laid upon the table. 

Mr. llhoads, from, the Committee on Enrolled Bills, made the 
following report : 

Mr. Speaker: 

The Joint Committee on Enrolled Bills have compared Enrolled 
House bills Nos. 12, 27 and 43, with the engrossed copies thereof, 
and instruct me to report the same, in all respects, properly enrolled. 

Which Avas laid upon the table. 

The Speaker announced that ho had signed House bills No. 12, 
No. 27, and No. 43. 

Mr. Buskirk, from Special Committee, made the following report • 
Mr. Speaker : 

The Select Committee, to whom was referred House bill No. 253, 
"an act to change the times of holding the Common Pleas Courts in 
the counties of Morgan and Monroe, have had the same under con- 
sideration, and have directed me to report the same back without 
amendment, and recommend its passage. 

Which was laid on the table. 

Mr. Lockhart, from a Select Committee, made the following 
report : 

Mr. Speaker : 

The Select Committee, to whom was referred House bill No. 12"), 
entitled " an act to amend sections one and two of an act entitled ' an 
act to provide for the relocation of county seats, and for the erection 
of public'l^buildings in counties in case of such relocation," approved 
March 20, 1855," have had the same under consideration, and would 
respectfully report the same back, and recommend its passage. 

Which was laid on the table. 



208 
Mr. Newcomb, by consent, introduce(3 : 

House bill No. 277. A bill to amend sections two and five of an 
act entitled " an act providing for an organization of Circuit Courts, 
the election of judges thereof, and defining their powers and duties," 
approved June 1, 1S5"2« 

Which was read a first time, and referred to tne Committee on the 
Orfranisation of Courts of Justice. 

By Mr. Newcomb : 

House bill No. 278. A bill creating the sixteenth Judicial Circuit, 
providing for the election of a Judge and Prosecuting Attorney 
thereof, and declaring its jurisdiction, and providing for a transfer 
•of action thereto. 

AVhich was read a first time, and referred to the Committee on the 
Or<;:inization of Courts of Justice. 

By Mr. Newcomb : 

House bill No. 279. A ,bill to a:aend sections and 10 of an act 
iMiiitlrd " an act prescribing the powers and duties of Justices of the 
Peace in State prosecutions. 

Which was read a first time, and referred to the Committee on the 
Organization of Courts of Justice. 

By Mr. Newcomb : 

House bill No. 280. A bill to amend section 1-i of an act entitled 
'■ an act to limit the numbe;- of grand jurors, and to point out the 
mode of selection, defining their jurisdiction, and repealing all laws 
inconsistent therewith,"' approved March 4, 1852. 

Which was read a first time, and referred to the Committee on the 
Organization of Courts of Justice. 

By Mr. Woods : 

House bill No. 281. A bill to amend section 12 of an act entitled 
" an act to authorize the construction of levees and drains," approved 
June 12, 1852. 

Which was read a first time, and referred to a select committee on 
that subject. 



209 
Bj Mr. Griffitti ; 

House bill No. 282. A bill regubitini; the railea;Tc of sheriffs in 
conveying convicts to the State Prison North; also amending section 
2 of an act entitled "an act to authorii'ie the removal of convicts 
from the Southern State Prison, and providing for the emplovraent 
of convicts in each of said prisons, directing what counties shad send 
their convicts to Northern State Prison, and providing fur carryinn; 
on the work in building said Northern State Prison, and making 
appropriations for the support of said prison, approved June 1, 18G1,'' 
and repealing an act entitled "an act to regulate the mileage of 
sheriffs in conveying convicts to the State prison, and of countv 
treasurers in making deposits, and in their settlements with the treas- 
urer and auditor of State, and the mileage of the General Assembly,'" 
approved June 17, 1852. 

Which was read a first time, and referred to a Joint Committee on 
State Prisons. 

By Mr. Lasselle : 

House bill No. 28-}. A bill to amend sections 1 and 2of an act to 
a^ the time of holding the Circuit Courts in the 11th Judicial Circuit, 
and to regulate the returning of process in said Circuits, approved 
Jan. 31, 18G5. 

Which was read a first time, and referred to a select committee 
composed of members of the 11th Judicial Circuit. 

By Mr. Patterson : 

1 

House bill No. 284. A bill to provide for the election of boards 

of directors for railroads incorporated by the laws of this State, and 
prescribing their qualifications. 

Which was read a first time, and referred to a special committee 
of five. 

Mr. Thatcher, by consent, presented ii memorial from the commis- 
sioners of Shelby county, in reference to the repeal of an act for the 
relief of the families of soldiers, &c., approved March 4, 18G5. 

Which was referred to the Committee on Ways and Means. 

Mr. Foulke, by consent, presented a claim from Thomas F. HowelL 
Which was referred to the Committee on Claims. 



270 
By Mr. Branhatn : 

House bill No. 2S5. An act to provide a State Debt Sinking 
Fund, for the payment of the principal and interest of the War Loan 
Bonds, and five, and two and one half per cent, stocks of the State, 
therein named, prescribing tlie duties of the auditor, treasurer and 
agent of State in relation thereto, providing for a clerk of said Sink- 
ing Fund, and fixing his salary, and providing a penalty for the vio- 
lation of its provisions, and declaring an emergency for the imme- 
diate taking effect of the same. 

Which -svas read a first time, and, on motion by Mr. Branham, was 
laid on the table, and oOO copies ordered to be printed. 

By Mr. Stringer: 

House bill No. 28G. A bill to authorize the county commissioners 
to grant the right to swing gates on county, township and private 
roads, and prescribing penalties. 

Read a first time, and referred to the Committee on the Rights and 
Privileges of the Inhabitants of the State. 

Mr. Milroy moved that the House do now adjourn. 
Which was not agreed to. 

Leave of absence was granted to Messrs. Shoafi^ of Allen, O'Brien, 
and Richards. 

IlOrSE BILLS ON SECOND READING. < 

House bill No. 2H. A bill to enable common carriers to dispose 
of unclaimed freight and baggage. 

Was taken up, and the Committee on Railroads reported the fol- 
lowing : 

Mil. Speaker : 

The Committee on Railroads, to whom was referred House bill No. 
211, have had the same under consideration, and have ordered me to 
make the following report : 

To amend section second by making the notices sixty days, instead 
of thirty. Also, to give notice in at least one paper in the county 
for sixty days before sale. Alsj, after five years, all sums of money 



271 

remaining unclaimed, to be paid into the county treasury, to he-, placed 
tu the account of common schools ; and ^vhen so amended would 
recommend its passage. 

The amendments were read and concurred in, and the bill ordered 
to be engrossed, and passed to a third reading. 

A message from the Senate, by Mr. Wilson, their Secretary, 

Mr. Speaker : 

I am directed by the President of the Senate to inform the House 
of Representatives that he has signed, and herewith return, the follow- 
ing enrolled acts of the House, to-wit: 

Enrolled act No. 12, entitled *' an act to amend the first section of 
an act entitled ' an act for the better protection of religious meetings, 
agricultural fairs, and other lawful assemblages of the people,' " 
approved March od, 1859. Also, 

Enrolled act No. 27, entitled an act to legalize the acknowledfjc- 
ments of all deeds, mortgages, and other instruments required to be 
recorded, taken and certified by Notaries Public, who took and certi- 
fied such acknowledgements after the expiration of their commissions. 
Also, 

Enrolled act No. 43, entitled " an act to repeal an act entitled ' an 
act to establish courts of conciliation, to prescribe rules and proceed- 
ings therein, and compensation of judges thereof,' " approved June 
11th, 1852. 

I am further directed by the President of the Senate to present, 
for the signature of the Speaker of the House of Representatives, 
the foUowinfj enrolled acts of the Senate, to-wit : 

Enrolled act No. 4, entitled " an act to provide for the making and 
authentication of transcripts from the records of the Recorder's office, 
in certain cases, and for the admissibility in evidence of the same, 
and certified copies of the deeds and mortgages contained therein." 
Also, 

Enrolled act No. 25, entitled " an act defining certain misdemeanors, 
and prescribing punishment therefor." Also, 



272 

Enrolled act No. 82, entitled " nn act to autliorize cities to prepare, 
execute, negotiate and sell bonds, to provide means to complete unfm- 
ishcd schoof buildings, and to pay debts contracted for the erection 
of school buildings; and to aSthorize the levy and collection of an 
additional special tax, to provide means for the payment of the inter- 
est and principal of such bonds. Also, 

Enrolled act No. 84, entitled " an act to amend section two of an 
act entitled ' an act prescribing the powers and duties of Justices of 
the Peace in State prosecutions,' approved May 20th, 1852, so as to 
authorize the service of a warrant throughout the State."' Also, 

Enrolled act No. 115, entitled "an act to amend section eleven of 
an act entitled 'an act concerning county prisons,' approved May 
27th, 186— ." 

Which are herewith respectfully submitted. 

A message from His Excellency, the Governor, by Ilis Private 
Secretary, Mr. Jacobs. i 

Lxj^ANAPOLis, November 29th, 18G5. 

To the Senate and House of .Rcprcsentaiives : 

I have just received from divers citizens of Monroe county the 
communication herewith respectfully transmitted, making a proposition 
fnr the establishment of an Agricultural College, under the Congres- 
sional grant made in aid of institutions of this character. 

The proposition is highly creditable to the liberality of the gentle- 
men who make it, and their ability to carry out the proposition, if 
accepted, can not be doubted. 

I trust it will, with other propositions heretofore made by citizens . 
of other parts of the State, receive that careful consideration which ' 
the importance of the subject, and the liberality and merits of the 
proposition, demand, 

I beg leave, in this connection, to suggest that if it should be the 
pleasure of the General Assembly to locate an Agricultural College | 
at Bloomington, in conjunction with the State University, the sale of 
the land scrip, which the State may receive under the grant, might 
be avoided by an assignment of the scrip to the Board of Trustees 
of the University. Such an assignment would enable the Trustees of | 
the University to enter public lands in other States, as the assignees ' 
of the State. CONRAD BAKER, 

Leutenard Governor^ acting as Governor. 



i 

II 

I The {'oUowiiijr is tho CDinmunicntion referred to: 

]Jl(»omiN(;;T(in, L\d , Novemhcr 27, 18(;5. 

7'o Ilia ExccUencj/, Conrad Baker^ Governor of Indiana : 

The undersigned, citizens of Monroe county, Indiana, bein<^ desi- 
rous of procuring the location of the Agricultural College at or near 
tlie town of Bioomington, with the State Universitj^ hereb}'- pledge 
ourselves that the citizens of our county will purchase and donate to 
the Trustees of the said Agricultural College, within three months 
'after the location at this place, the Geological and Mineralogical 
Cabinet of the late Dr. David Dale Owen, which could not be procured 
in this country or Europe for less than seventy-five thousand dollars; 
land, also, a pioper and suitable farm, near to our town, that will be 
iworth at least twenty-five thousand dollars ; which proposition we rc- 
Iquest your Excellency to lay before the Legislature. 

SAM. II. BUSKIRK, and others. 



State OF Indiana, J/(»H?'oe c'OM/iy//.- 

We, the undersigned, Clerk, Treasurer, and Auditor, within and for 
said county, do hereby certify that the persons whose names appear 
to the foregoing proposition to the Legislature of the State of Indi- 
ana, now in session, and personally known to us, to be men of char- 
acter and standing in this community, and that we are satisfied, at a 
fair cash valuation, they are worth at least three hundred thousand 
dollars. 

Witness our hands and seals this 27th day of November, 1865. 

MILTON McPIIETlilDGE, Auditor 31. C. 

P. L. D. MITCHELL, Treasurer. 

DAVID SHEEKS, Clerk M. G. G. 

Joint Resolution No. 20. A joint resolution, instructing our Sen- 
ators and requesting our Representatives in Congress to vote for the 
passage of an act equalizing the pa}^ of soldiers and officers engaged 
in the suppression of the rebellion. 

Was read a second time. 

Mr. Newcomb moved to amend by inserting the following in the 
proper place : " And that, in the opinion of the General Assembly, 
a special direct tax should be levied to pay such additional bounties, 
or that in lieu of a money bounty, that a grant of land be made to 
such soldiers.'" 
II. J.— 18 



274 

Mr. Miller moved to amend as follows: Insert after the word "in- 
structed," "if consistent with the general interest of the country." 
Which was agreed to. 

The question being on the amendment offered by Mr. Newcomb ; 

Pending which, 
The House adjourned. . . 



'1 CLOCK P. M. 

House met. 

SPECIAL OEIiER. 

House bill No, 218 was taken up, and, 

On motion by Mr. Sliuey, 
The further consideration of the bill was made the special order 
for to morrow at 2 o'clock, P. M. 

Mr. Rhoads moved to reconsider the vote whereby the House, on 
yesterday, refused to recommit House bill 218, with the instructions 
offered by Mr Newcomb. 

Mr. Lane, by consent, introduced Joint Resolution No. 21. 

A Joint Resolution instructing our Senators, and requesting our 
Representatives in Congress to secure the passage of a law increas- 
ing the pensions of privates and non-commissioned officers who have 
been disabled in the service of the United States. 

Which was read a first time and passed to a second reading- 
Mr. Cook, by consent, offered a petition, signed by John Rohner, 
and eleven hundred others, of Vanderburg county, asking that no 
action be taken on any of the bills now before the House on the 
subject of Temperance. 

Which was referred to the Committee on Temperance. 



-<0 



Mr. iScuart, by consent, offered the following concurrent 
a-esolution : 

B>' it resolved hy tlie House of Mepre^oitatives, the Senate concur- 
ring, That our Senators in Congress sre Lercuv instructed, and our 
^Representatives requested to secure such a modification of the act, 
approved April 19, 1816, appropriating the sixteenth section of each 
Congressional Township for school purposes, as that it may read as 
fellows : 

That section numbered sixteen in every tov,nship, and when such 
■section has been sold, granted or disposed of, then other lands 
equivalent thereto, and not contiguous to the same, shail be granted- 
lo the inhabitants of the State for the use of schools. 

Which was adopted. 

Ordered, That the clerk inforta the Senate thereof. 

HOUSE EILLS ON THIRD READIN'<«t. 

House bill No. 156. A bill imposing on clerks of the several 
Circuit Courts the duty of preparing applications for back pay, 
back pay and bounty, half pay and pensions, creating a State Agent 
for soldiers' claims, to represent the same, imposing on certain 
ofiicers the duty of preparing and certifying documentary evidence 
in connection with such memorials, prescribing the duties of such 
officers, and imposing penalties for violating their duties. 

Was taken up. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Eonner, Boyd, Branham, Burnes, Chambers, 
Church, Cowgill, Cox, Crook, Davidson, Ferris, Foulke, Gleason, 
■Gregory of Montgomery, Gregory of Warren, Griffith, Hamrick, 
Henricks, Hershey, Hogate, Johnson, Kilgore, Lane, Litson, Lock- 
hart, Major, Montgomery, McVey, Newcomb, Olleman, Patterson, 
Prather, Reese, Riford, Shuey, Sim, Sullivan of P. & V., Thatcher 
Trusler, Upson, Welch, Wright, Woods and Mr, Speaker — 45. 

Those w^ho voted in the negative were, 

Messrs. Brown, Burton, Burwell, Buskirk, Caldwell, Collins, 
Croan, Dunham, Glazebrock, Groves, Hargrove, Harrison, Hoover, 



27G 

Howard, Humphreys, Hunt, Lassellc, Lee, Lemon, Lopp, Milroy, 
Osborn, Perigo, Pinney, Rico, Richar.ison. Rouch, SIioaflF of Jay, 
Spencer, Stenger. Stringer, Stuckcy, V\'eikc3, White nnd Woodrufl' 
—85. 

So the bill failed to pas? for the ^ant of rj constitutional 
majority. 

Joint Resolution No 1. A Joir.t Rcsolntion proposing a?i amend- 
ment to the Coii?titution, hy striking out the Thirteenth Article 
thereof. 

Was taken up and rend a third time, 

Mr. Miller moved a call of the House. • ' '' 

Wliich was ordered. ' " 

The followir;g members answered to their names : 

Messrs. Abbett, Atkinson, Bonner, Boyd, Branhnm, Bro\^n. 
Burnes. Burton, Bar»el!, Buskirk, Chambers, Church, CofTroth. 
Collins. Cowgill, Cox, Croan, Crook. Davidson, Dunham, Ferris „ 
Foulke, Ghizebrook, Gieason, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison^ 
Henricks, Hershey, Higgins, Hogate. Hoover, Howard, Humphreys- 
Hunt, Johnson, Kilgorc, Lane, Lasselle, Lee, Lemon, Litson, Lock- 
hart, Lopp, Major, Meredith, Miller, Milroy, Montgomery, MeVey, 
Newcomb, OUeman, Osborn, Patterson, Perigo, Pinney, Prather, 
Reese, Rhoads, Rice, Richa.rdson, Riford. Roach, Sabin, Shuey, Sim. 
Spencer, Stenger, Stringer, Stuckey, Sullivan of P. & Y., Thatcher, 
Truster, tipson, W\'ikel, Welch, White, Woodruff, W^ooda and 
Zeigler— 85. •' 

Whereupon the further call of the House was, on motion- 
dispensed with. 

Mr. Brown moved to postpone the further consideration until 
Saturday, at 2 o'clock P. M. 
Which was not agreed to. 

The question being, shall the Joint Resolution, No. 1, pass? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Branham, Burnes^ Caldwell, Chambers, 



277 

Charcb, Cook, Co-wgill, Cox, Fcrrir?, Foulke, Gleason, Gregory of 
Montgomery, Gregory of Warren, Griffith, Hanirick, Ilenricks, Her- 
shey, Iliggins, Hogatc, Hoover, Johnson, Kilgore, Lane, Litson, 
Lockhart, Mnjor, Meredith, Miller, Montgomery, McVey, Newcomb, 
Olleman, Prather, Reese, Rhouds, Rice, Riford, Sabin, Shuey, Sim, 
Stuart, Sullivan of P. c*c V., Trusler, Upson, Welch, Wright, Woods, 
Zeigler and Mr. Speaker — 51. 

Those who voted in the negative were, 

Messrs. Abbctt, Bo^'d, Brown, Burton, Bur^Yell, Buskirk, CoftVoth, 
Collins, Croan, Crook, Davidson, Dunham, Glazebrook, Goodman, 
Oroves, Hargrove, Harrison, Howard, Humphreys, Hunt, Lasselle, 
Lee, Lemon, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Pinney, Richardson, Roach, Shoaff of Jay, Spencer, Stenger, 
Stringer, Stuckey, Thatcher, Weikel, White and Woodruff — 41. 

So Joint Resolution No. 1 passed. 

Orderai, That the Clerk inform the Senate of the passage of said 
Joint Ivesolution. 

Mr. Spencer moved that absent members have leave to record their 
names when they return. 
Which Wiis not agreed to. 

Leave of absence was granted to Mr. Stivers. 

Engrossed Senate Joint Resolution No. 3. A Joint Resolution 
proposing an amendment to the 2od section of article 4 of the Con- 
stitution, so as to provide for laws enabling cities and towns to raise 
money for the supj)ort of common schools, Avas then taken up, and 
read a third time. 

The question being, shall said Joint Resolution No. 3, pass ? 

Those who voted in the affirmative were, 

Messrs. Abbott, Atkinson, Bonner, Boyd, Branham, Brown, 
Burnes, Caldwell, Church, Cook, Cowgill, Cox, Crook, Davidson, 
Dunham, Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery, 
Griffith, Groves, Plamrick, Henricks, Hershey, Hogate, Hoover, 
Howard, Johnson, Kilgore, Litson, Lockhart, Major, Meredith, Mil- 
ler^ Montgomery, McVey, Newcomb, Olleman, Prather, Reese, Rice 



278 

Riford, Sabin, Sliuey, Sim^ Stuart, Sullivan of Posey & Tanderburg^ 
Thatcher, Trusler, Upson, Welch, Woodruff, Wright, Woods snd 
Zeigler — 56. 

Those who voted in the negative -were, 

Messrs. Burton, Burwell, Buskirk, Chambers, CofTroth, Collins,. 
Croan, Glazebrook, Hargrove, Harrison, Humphreys, Hunt, Lane, 
Lee, Lemon, Lopp, Milroy, CBrien, Osborn, Patterson, Perigo, Pin- 
ney, Rhoads, Roach, Shoaff of Jay, Spencer, Stenge-r, Stringer, 
Stuckcy, Weikel and White— 31. 

So the Joint Resolution passed. 

Ordered, That the Clerk inform tlie Senate of its passage. 

A message from the Governor, by Mr. Jacobs, his Private Secre- 
tary. 

Mr. Speaker : 

I am directed by His Excellency the Governor to inform your 
honorable body that he has approved and signed Enrolled House Bill 
No, 43, entitled " an act to repeal an act entitled ' an act to establish 
Courts of Conciliation, to prescribe rules and proceedings therein^ 
and compensation of Judges thereof, approved June 11, 1852.' '' 

Also, Enrolled House Bill No. 12, entitled '• an act to amend the 
first section of an act entitled " an act for the better protection of 
religious meetings, agricultural fairs, and other lawful assemblages of 
the people, approved March 3, 1859.'"' 

Also, Enrolled House Bill No. 27, entitled '•' an act to legalize the 
acknowledgments of all deeds, mortgages, and other instruments 
required to be recorded, taken and certified by notaries public, who 
took and ceitified such acknowledgments after the expiration of their, 
commissions."' i 

And tliat the same have been deposited in the ofSce of the Secre- 
tary of State. 

The Speaker announced that he had signed House bills No. 4, No. 
■ 25, No. 82, No. 84, and No. 115. 



27i> 

Mr. Rhoads, from the Joint Committee on Enrolled Bills, made 
the following report : 

Mr. Speaker: 

The Joint Committee on Enrolled Bills, respectfully report, that 
on Thursday, Nov. 30, 18(35, at 2^- o'clock, P. M., they presented 
to His Excellency, Conrad Baker, acting GoVernor of the State, for 
his approval and signature. House bills Nos. 12, 27 and 43. 

House bill No. 33. A bill to amend the eighth section of an act 
to ref^ulate and license the sale of spirituous, vinous, malt and other 
intoxicating liquors, to prohibit the adulteration of liquors, repeal 
all former laws contravening the provisions of this act, and prescrib- 
ing penalties for violation thereof, approved March 5, 1859, 

Was taken up, and, together with the amendments heretofore 
reported, was read a third time. 

The amendments were agreed to. 

The question being, shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Boyd, Branham, Brown, Burnes, 
Burton, Burwell, Buskirk, Chambers, Church, Coffroth, Cowgill, Cox, 
Croan, Cook, Davidson, Ferris, Foulke, Glazebrook, Gleason, Good- 
man, Gregory of Montgomery, Gregory of Warren, Griffith, Groves 
Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate 
Hoover, Howard, Humphreys, Hunt, Johnson, Kilgore, Lane, Litson 
Lockhart, Lopp, Major, Meredith, Miller, Montgomery, McYey 
Olleman, Osborn, Perigo, Pinney, Prather, Reese, Rhoads, Rice 
Richardson, Riford, Sabin, Shoaff of Jay, Shuey, Sim, Stuart 
Stenger, Stringer, Stuckey, Sullivan of Scott, Sullivan of P. & V. 
Thatcher, Trusler, Upson, Welch, White, Woodruff, Wright, Woods 
and Zeigler — 77. 



Those who voted in the negative were, 

Messrs. Collins, Dunham, Lee, Lemon, Milroy, Spencer and 
Weikel— 7. 



•280 

The question being, shall the title, as read, stand as the title of 
said bill? 

It was so ordered. ; 

So the bill passed. , 1 

Ordered, That the Clerk inform the Senate of the passage of said 
bill. 

Mr. Sullivan, of Scott, was allowed to record his vote against the 
passage of Joint Resolution No. 1. 

House bill No. 177. A bill to amend section 143 of an act enti- 
tled " an act amendatory of an act to provide for the publication of 
delinquent taxes/' approved May 31, 18(31. 

Which, together with the amendments heretofore reported, was 
read a third time. 

The question being, shall the bill pass? _ i 

Those who voted in the affirmative were, | 

Messrs. Atkinson, Bonner, Boyd, Branham, Brown, Burnes, Bur- 
well, Buskirk, Ciildwell, Church, CcftVoth, Cox, Croan, Davidson, 
Ferris, Foalke, Harrison, Henricks, Hershey, Hogate, Howard, Kil- 
gore, Lasselle, Litson, Major, Meredith, Milroy, Montgomery, McVey, 
Olleraan, Osborn, Perigo, Pinney, Bhoads, Rice, Riford, Sabin, Shoaff 
of Jay, Shuey, Sim, Spencer, Stuart, Stenger, Stringer, Stucky, 
Thatcher, Welch, White, Woodrufl', Woods, and Mr. Speaker — 51. ! 

Those who voted in the negative were, 

Messrs. Burton, Chambers, Collins, Cowgill, Dunham, Glazebrook. 
■Gleason, Goodman, Gregory of Wan-en, Groves, Higgins, Hoover. 
5Iumphreys, Hunt, Johnson, Lane, Lee, Lemon, Lockhart, Prather, 
Richardson, Roach, Sullivan of P. and Y., Trusler, Upson, W^eikel, 
and -Wright— 27. 

The question being, shall the title, as read, stand as the title of said, 
l3ill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate of the passage of said' 
bill. 



281 

House Joint Resolution No. IT. A joint rc.-oUiti.iii iiinendatory of 
section nine, ai-ticlo four, of tlio (.M)nstitution of the State of Indi- 
ana, so as to provi'le i'ov anninil sessions of the (leuei'iil ^Asset-iblv, 

W;is taken up, ordered to be eni^rossed, and read ;i tliird time. 

] The ouestiou being, ^lnlll said Joint Resolution p:iss": 

{' Those who voted in the aiTirniative wei-e, 

Messrs. Atkinson, Ronner, Royd, Brarshan^, Rurwell, Buskirk, 
Caldwell, Chambers, Collen?, Cox, Ferris, Foulke, Gleason, Grc<^ory 
of Montiromcry, Gregory of Warren, Griffith, Groves, lianirick, Iler- 
shey, Johnson. Litson, Milroy, Montgomery, McVey, Newcomb, 
Prather, Reese, Riford, Sabin, Shoaff" of Jay, Shuey, Sim, Stuart, 
Stringer, Welch, Wright, Woods, Zeigler, and Mr. Speaker — 39. 

Th<>se who voted in the negative were, 

Messrs. Abbrtt, Rrowu, Burton, Church, CoflVoth, Cowgill, Cioan, 
Crook, Davidson, Dunhaui, (jlazcbrook, Goodinati, JBirgrove, lien- 
ricks, Iliggins, Ungate, Iluraidircys, Hunt, Kilgore, Lane, Lasselle, 
Lee. Lemon, Lockhart, Lopp, Major, Miller, Olletnan, Obborn, Pat- 
terson, Perigo, Pinney, Rhoads, Rice, Richardson, Roach, Spence)\ 
Stenger, Stucky, Sullivan of Scott. Sullivan of Posey and Yandcr- 
burg, Trusler, Upson, Yeach, Weikel, White, and Woodruff — 48. 

So the joint I'esolution was lost. 

On motion by Mr. Kilgore, 
The House ;idjourned. 



FRIDAY MORNING, 9 o'clock, ] 
December 1, 18G5. j 

House met pursuant to adjournment. 

The Speaker ordered a call of the House, and the following mem- 
bers answered to their names : 

Messrs Abbctt, Bonner, Boyd, Brown, Burnes, Burwell, Caldwell, 
Chambers, Church, Collins, Cook, Cowgill, Cox, Davidson, Ferris, 



282 

Foulke, Glazebrook, Goodman, Gregory of Montgomery, Gregory o; 
Warren, Griffith, Groves, Ilamrick, Harrison, Plenricks, Hersheyf 
Higgins, Hogate, Hoover, Humphreys, Hunt, Johnson, Kilgore, Lane 
Lemon, Litson, Lockhart, Lopp, Major, Meredith, Milroy, Montgom 
ery, Osborn, Patterson, Pinney, Reese, Rhoads, Rice, Richardson 
Riford, Roach, Sabin, ShoafF of Jay, Shuey, Spencer, Stuart, Strin 
ger, Stucky, Sullivan of Scott, Sullivan of Posey and Vanderburg 
Trusler, Upson, Yeach, White, Woodruff, Wright, Woods and Mr 
Speaker — Of. 

A quorum being present, the farther call Avas dispensed with. i 

I 

On motion, ' ! 

The reading of the journal was dispensed with. jj 

PETITIONS, MEMOniALS AND REMONSTRANCES. 

By Mr. Howard : 

A petition on the .subject of temperance, from sundry citizens o 
Clark county. 

Referred to the Committee on Temperance. 

By ^Ir. Boyd 

A claim to the amount of S104.90, for stationery, Sec, furnishei , 
by H. C. Chandler & Co. 

Referred to Committee on Claims. 

REPORTS OF CO.MMITTEES. 

Mr. Higgins, from the Committee on AYays and Means, made th 
following report : 

Mr. Speaker: 

The Committee on Ways and Means, to whom was referred Hous 
bill No. 209, " a bill to make appropriation to pay the balance of th 
quota of this State of the expenses of the Soldiers' National Cem 
C'tery, at Gettysburg, Pennsylvania," &c., have had the same unde 
consideration, and have directed me to report the same back an 
recommend its passage. . | 

Which was laid on the table. 



283 

Mr. Cowgill, from the Judiciary Committee, made the follmving 
report : 

Mr. Speaker : 

The CouiiHittee on the Judiciary, to Avhom was referred House bill 
No. '25, entitled " a bill to repeal an act entitled ' an act to prohibit 
the evidence of Indians, and persons having one-eighth or more of 
nef^ro blood, in all cases where white persons are parties in interest,' 
approved February 14th, 1853," have had the same under considera- 
tion, and recommend the following amendments thereto, and when so 
amended recommend the passage of the bill, to-wit : 

Amend the title by striking out the words, " a bill,'' from the first 
line, and inserting the words "an act." Further amend the title by 
adding thereto the following "words: " And so much of all other laws 
as render persons incompetent as witnesses on account of their color,'' 
and also by striking out the word " is," in line nine, and inserting 
the word " are " in lieu thereof. 

' Amend the bill by adding the following words in line nine, between 
the word " interest " and the word " be : " " And so much of all oth- 
er laws as render persons incompetent as witnesses in courts of jus- 
tice on account of their color." 

Further amend the bill by adding thereto the following section : 

"Sec. — . No person offered as a witness shall be excluded from 
■giving evidence, either in person or by deposition, in any judiciary 
proceeding, because such person may be an Indian, negro, or mixed 
blood; but the credibility of witnesses of Indian, negro, or mixed 
blood, shall be left to the court or jury trying the cause, as in other 
cases." 

Amend by striking out the following words : " This act to take 
effect from and after its passage." 

Which was concurred in, and the report laid on the table. 

Mr. Brown asked leave to submit a minority report from the same 
committee at a future day. 
Which v.'as agreed to. 

Mr. Cowgill, from the Judiciary Committee, made the following 
report : 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate bill No. 



'284 

44, entitled ''a bill in relution to joint contracts, promises and obll. 
irations. and declaring all such contracts, promises and obligations U, 
he joint and several in their nature, so far as relates to the remedies, 
to enforce the same,"' respectfully report that they have had the sam<j 
under consideration, and herewith reconinicnd that said bill be laid 
upon the table. 

Which was laid on the table. 

Mr, Cowgill, from the Committee on the Judiciary, reported as fol 
lows: "4 

Mr. Speaker: 

The Judiciary Committee, to whom was referred Rouse bill No 
■236, entitled '-an act to amend section twenty-three of an act enti 
tie au act for the incorporation of insurance companies, dcfiniii: 
their powers, and prescribing their duties,'" approved June 17th. 
1852, respectfully i-eport thnt they have had said bill unde 
consideration, and recommend its passage. 

Which, on motion, was laid on the tMblc. ^^ 

Mr. Trusler, from the Conmiittee on the Judiciary, made the; 
following report : 

Mr. Sl'kaker: 

The Judiciar\' Committee, to whom was referred Senate bill No 
^3(5, entitled '••an act to legalize the appraisement and assessment o 
property in cities of this State, the making out and delivering of th( 
tax duplicates iu the cities of this .State, and the assessment of prop' 
■ crty by the treasurers of the cities of the State, incorporated undei 
the general laws of this State for the incorporation of cities," hav( 
h;id the same under consideration, and recommend its passage. 

Which was laid uposi the table. 

Mr. Trusler, I'rom the Committee on the Judiciary, made thi 
following report : 

Mr. Speaker: 

The Judiciai'y Committee to whom was referreil Joint ResoIutioT 
No. 4, entitled ''a Joint Resolution proposing an amendment to th( 
-3d section, article 4, of the Constitution, so as to provide for lawir 
enabling cities, towns, townships and school districts, to raise mone^ 



or the support of cotniriOn schools," rt'sptctfully report, that t!iov 
ave had the s;iine under consideration, and whereas this House hati 
lassed a Joint Resolution from the Senate embracini; the same suh- 
ect, recommend that the 5aid Joint Kesoletion No. 4 he indefmitelv 
■ ostponed. 

Wiiicli, on motion bj Mr. Newconib, Mas recommitted t(; the Judi- 
iary Committee. 

Mr. Trusler, from the Committee on the Judiciai-y. made the 
• dhiwing report : 

[r. Speaker : 

The Judiciary Coinmitiee, to whom was referred House bill No, 
7, entitled "a bill to provide for the settlement of the estate of 
ereons who have been absent from their places of residence, and 
ot heard from for seven years or more;" respectfully report that 
ley have had said bill under consideration, and recommend its 
issaije. 

Which was laid on the table. 

Mr. Ncwcomb, from the Committee on the Judiciary, made the 
allowing report : 

Ir. Speaker : 

The committee on the Judiciary, to whom was referred Senate bill 
^0 60, entitled " a bill to amend the 24th section of an act entitled 
an act to authorize a company to construct the Aurora and Laugh - 
cy turnpike, approved Feb. lo, 1848,' "' have had the same under 
onsideration, and instruct me to report the same back, and reconi- 
'let.d its passage. 

Which was laid on the tabic. 

Mr. Miller, from the Committee on Ways and Means, made the 
;ollowing report : 

Ur. Speaker: 

: The Committee on Ways and Means, to whom was referred House 
(lill No. 247, entitled "an act concerning the collection of delinquent 
I'axes in the Siate of Jndiana, and declaring an emergency," have 
^ad the same under consideration, a^id direct me to report the bill 
back, and recommend its passage. 

: Which -was laid on the table. 



286 

Mr. Spencer, from tlie Committee on House bill No. 201, reported 
the folloAving : 

Mk. Speaker : 

The Committee to whom ^\-as referred House bill No. 261, entitled 
*' an act to amend the 208th section of the Practice act," have had 
the same under consideration, an<l direct me to report the bill back 
to the House, and recommend its passage. 

Which was concurred in, and the report laid on the table. 

Mr. Church, from the Committee on Swamp Lands, reported the 

following : . , , ? 

Mr. Speaker; 

The Committee on Swamp Lands, to whom was referred Senate 
bill No. 104, a bill to amend the 2d section of an act entitled "an 
act to regulate the sale of Swamp Lands donated by the United 
States to the State of Indiana, and to provide for the draining and 
reclaiming thereof, in accordance with the condition of said grant, 
approved May 29th, 1852,'' have had the same under consideration, 
and have directed me to report the same back to the House, and to 
recommend that the further consideration of the same be indefinitely 
postponed. 

Which was concurred in, and the bill was indefinitely postponed. 

Mr. Boyd, from the Com.mittee on Claims, made the following 
Teport : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of John 
Kibbey, for services rendered in visiting New York city, with rela- 
tion to the Stover frauds in Indiana State stocks, beg leave to report 
that the said Kibbey is entitled to the sum of four hundred and fifty 
dollars, and we recommend that the same be allowed, and placed in 
the specific appropriation bill for payment. 

Which was referred to the Committee on Ways and Means. 



1287 

Mr. Yeach, fiora the Committee on Claims, m;i(le the following 
eport : 

^Ir. Speaker : 

The Committee on Claims, to vJiom was referred the claim of 
vharles Rindlcr, for the sum of sixty-nine dollars and ten cents for 
epairing locks and furnishing keys for this House inl8G2, have had 
he same under consideration, and would recommend that it be 
.llowed, and be incorporated in the specific appropriation bill for 
■ayment. 

Which was concurred in, and referred to the Committe on Wav9 
nd Means. 

Mr. Major, from the Committee on Fees and Salaries, made the 
Dllowing report : 

iIr. Speaker : 

The Committee on Fees and Salaries, to whom was referred House 
ill No. 268, an act to amend section 104 of an act entitled " an act 
amend sections 78,70, 94, 95, 104, 142 and 143 of an act entitled 
an act to provide for the valuation and assessment of the real and 
ersonal property, and the collection of taxes in the State of Indiana, 
:c., &c.,' " beg leave to report that they have considered the same, 
nd have directed me to report it back, and recommend its passage. 

Which was laid on the table. . 

?dr. Major, from the Committee on Fees and Salaries, made the 
Dllowlng report : 

Ir. Speaker: 

The Committee on Fees and Salaries, to whom was referred House 
jill No. 266, a bill allowing clerks of courts a per centage upon all 
Honeys by them received and paid out, from any executor, adminis- 
rator or guardian, commissioner or trustee of estates of persons 
ieceased, beg leave to report that they have considered the samOy 
nd have directed me to report it back, recommending its indefinite 
ostponement. 

Which was concurred in, and the bill was indefinitely postponed. 



288 

Mr. Burncs, from tlie Committee on Rights and Privileges, made 
tlic following report : 

Mk. Speak kk : 

The Committee on Rights and Privileges, to Avliom was referred ! 
House bill No. 280, entitled •• an act to autnorizc the county commis- 1 
■sioners to grant the right to swing gates on county, township and 
private roads, and prescribing penalties, have considered the same, 
and recommend that the bill do pass. 

Which was laid on the table. 

Mr. Hamrick, from th(.' Committee on Corporations, made the 
following report : 

Mr. Speakek : 

The Committee on Corporations, to wliotn was referred House bill 
No. 170, entitled '• an act to amend section 22 of an act for the 
incorporation of towns, defining their powers, providing for the 
election of officers, S:e.. have had the same under consideration and 
iiave directed me to report the same back to the House, with the 
recommendation that the bill be laid upon the table, as the provisions 
of tlie bill is ciiibra;* 'il in the general bill now in the fdes of the' 
House. 

Which was hiii] u])on the table. 

Mr. Hamrick. from the Committee on Corporations, made the 
fiiliowing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill I 
No. 230, have luid the same under consideration and have directs il 
me to report that, in the opinion of the committee, the bill should 
not pass they ; therefore recommend^that the bill be laid upon the 
table. 

Which was concurred in and the bill laid upon the table. 

Mr. Lockhart, from the Comnvittce on Railroads, offered the 
following : 

IMr. Speaker: , 

The Committee on Railroads, to whom was referred Senate bilj 



28[> 

No. 114, being '' a bill to amend section 38, of an act entitled an act 
to provide for the incorporation of railroad companies,'' approved 
May 11, 18.")2, have had the same under consideration and would 
respectfully report the same back and recommend its passao^o. 
Which was concurred in and the report laid on the table. 

Mr. Gleason, from the Committee on Engrossed Bills, reported as 
follows : 

Mr. Speaker: 

The Committee on Engrossed Bills have compared Engrossed 
House Bills Nos. 218 and 231, and find the same correctly 
engrossed. 

Which was concurred in, and the report laid on the table. . 

Mr. Shoafi", of Jay, from the Special Committee on House Bill 
272, reported the following : 

Mr. Speaker : 

The Special Committee, to whom was referred Plouse bill No. 272,- 
entitled " an act to amend section one and two of an act entitled an 
not fixing the time for holding the Circuit Courts in the Thirteenth 
Judicial Circuit, regulating the length of the terms thereof, and. 
repealing all laws inconsistent therewith," which act was approved 
by operation of law on the 17th day of March, 1861, have had the 
same under consideration, and have instructed me to report said bill 
back to this House with the recommendation that it should be 
passed. 

Which was concurred in, and the report laid on the table. 
j 

Mr. ShoafF, of Jay, from the Committee to whom was referred 
House bill No. 275, reported as follows : 

Mr. Speaker: 

The Committee to whom was referred House bill No. 275, entitled 
• an act to amend section two of an act entitled an act to amend the 
fourteenth and eighteenth sections of an act entitled an act to fix 
;he times of holding the Common Pleas Courts in the several counties 
)f this State, the duration of the terms thereof and other matters 

H. J.— 19 



290 

properly connected therewith," approved Miiy 11, 1861, have had 
the same under consideration, and have instructed me to report the 
bill back to this House and recommend its passage. 

Which was concurred in, and the report laid oa the table. 

Mr. Higgins, from the Committee on Public Expenditures, made 
the following report : 

Mr. Speaker : 

The Committee on Tublic Expenditures, to whom was referred 
House bill No. 270, have had the same under consideration, and 
have directed me to report that they recommend that the bill be 
amended as follows, and that when so amended that the bill pass : 

1st. Amend by striking out all after the word "direct,'" in line 
13, in section No. 2, and insert the following: "And the pay of; 
the principal Secretary of the Senate, and the principal Clerk of the^ 
House, shall be five dollars per day and mileage the same as 
allowed to members of the General Assembly as recited in the first 
section of this act. The pay of Assistant Secretary and Doorkeeper: 
of the Senate, Assistant Clerk and Doorkeeper of the House and' 
the appointees of the Principal and As.^istant Secretary of the 
Senate, and the Principal and Assistant Clerks of the House, shall 
be five dollars each per day for every day actually employed. The 
pay of ihe appointees of the Doorkeeper shall be four dollars per 
day for every day of actual service and the pay of pages shall be 
two dollars per day." 

2nd. Amend by striking out the third section and insert in liet 
thereof the following : " The Clerk of the Committee of Ways 
And Means shall receive for every day of actual service five dollars 
and Clerks of other committees shall receive four dollars per day fo: 
every day of actual service." 

Mr. Henricks moved to reconsider the vote whereby the Hous, 
passed Senate Joint Resolution No. 3, and recommit with the foli 
•lowing instructions : 

Recommit Senate Joint Resolution No. 3, to the Committee on th 

■ Judiciary with instructions to so amend the same as to include town 

ships and school districts in its benefits. 



Mr. A\'oods moveil to amend by inserting '-8011001 districts."' 
Which AYiKs agreed to. 

BILLS INTRODUCKD. 

Bj Mr. Major : 

House bill No. 287, A bill to amend the 4>3d section of an act 
providing foi- the settlements of decedents' estates; prescribing the 
rights, liabilities and duties of officers connected with the manatre. 
ment thereof, and the heirs thereto, and certain forms to be used in 
such settlement. 

"Which was read a first time, and referred to the Committee on 
Rights and Privileges of the Inhabitants of the State. 

By Mr. Kilgore: 

House bill No. 288. A bill providing for extending the terms of 
Circuit Courts by adjournment, when the pending business shall be 
unfinished and require such extension of said term ; and for calling 
special terms, and providing compensation to judges for holding such 
adjourned terms. 

"Which was read a first time, and referred to the Committee on the 
Organization of Courts of Justice. 

By Mr. Howard : 

House bill No. 289. A bill to amend section tAvo of an act enti- 
tled " an act regulating the fees of officers, and repealing former acts 
in relation thereto," approved March 2d, 1855. 

Which was read a first time, and referred to the Committee on the 
[Organization of Courts of Justice. 

By Mr. Sim : 

; House bill No. 290. A bill to amend section 51 of an act enti* 
;tled "an act providing for the election and qualification of Justices 
of the Peace, and defining their jurisdiction, powers and duties in 
civil eases." 

^Yhi•ch was read a first time, and passed to a second reading on to- 
morrow. 

By Mr. Veach : 

House bill No. 291. A bill fixing the time of holding courts in 



292 ^1 

tlie Sixth Judicial Circuit, and repealing all laws in conflict therewitli. 
Which was read a first time, and referred to a select committee of 
five, members of the Sixth Judicial District. 

By Mr. Kilgore : 

House bill No. 202. A bill to limit the liability of Inn-keepers. 

Which was read a first time, and referred to the Committee on the 
Judiciary, 

Mr. Humphreys ofi'ered the following resolution : 

Resolved, That the Committee on the Organization of Courts of 
Justice be instructed to inquire into the expediency of abolishing the 
Courts of Common Pleas, transferring the civil and criminal business 
thereof to the Circuit Courts, and establishing instead thereof a Court 
having exclusive probate jurisdiction. 

Mr. Prather moved to refer said resolution to the Special Cona- 
mittee of one from each Congressional District, heretofore appointed' 
on that subject. 

Which was agreed to. 

Mr. Newcomb moved to suspend the regular order of business, and 
take up House bill No. 270. 
Which was agreed to. 

House bill No. 270. A bill fixing the per diem and mileage of 
members of the General Assembly, Secretaries, Clerks, and Door- 
keepers thereof. 

Was taken up, and, together with the amendments, read a second 
time. 

Mr. Newcomb moved to strike out all that which provides for glar- 
ing mileage to Clerks. 
Which was agreed to. 

Mr. Newcomb offered the following amendment to section two : 

" The Spe;iker of the House and the presiding officer of the Senate : 

shall be entitled to one Clerk each, to be appointed by themseWes. 

whose pay shall be f(/ur dollars per day each." 

Mr. Brown moved to refer the bill and pending amendments to j 
special committee, composed of Messrs. Newcomb and Henricks, 
Which was agreed to. 



I 



293 
By Mr. Brown : 

House bill No. 203. A bill to amend section four of " an act con- 
taining several provisions regarding landlords, tenants, lessors and 
lessees," approved May 20th, 1852. 

'Which was read a first time, and passed to a second reading. 

By Mr. Pettit : 

House bill No. 294. A bill providing for securing to the Common 
School Fund sums forfeited on recognizance, and fixing the mode for 
declaring their forfeiture. 

Which was read a first time, and referred to the Committee on the 
Judiciary, and two hundred copies ordered to be printed. 

Mr. Sim, by consent, presented 

A petition from sundry citizens of Henry county, on the subject of 
eemperance. 

Which w-as referred to the Committee on Temperance. 

Mr. Griffith, by consent, offered the following resolution : 

Resolved, That the report of Andrew Wallace, President of the 
Board of Benevolent Institutions, also the report of the Board of 
Control of the Northern Prison, be taken from the table, and two 
hundred copies thereof be printed for the use of the House, together 
with the accompanying message of Governor Baker. 

Which was agreed to. 

By Mr. Lasselle: 

House bill No. 295. A bill to amend section one of " an act to 
exempt property from sale in certain cases," approved February 17, 
1852. 

Which was read a first time, and passed to a second reading. 

By Mr. Rice : 

I House bill No. 296. A bill defining vagrancy, and prescribing 
punishment therefor. 

Which was read a first time, and referred to the Committee on the 
Judiciary. 

f 
i 



2&4 
Bj Mr. Miller : 

House bill No, 297, A bill to provide that any recognizance in 
a crinninal proceeding forfeited by the principal, shall become an 
absolute judgment against the bail, and collectable upon execution 
"without suit thereon. 

Which was read a first time, and passed to a second reading. 

HOUSE BILLS A^'l) .lOlNT RESOLUTIOXS OX SECOND READIA'G. » 

Joint Resolution No. -0. A joint resolution, instructing our Sena- 
tors and requesting our Representatives in Congress to vote for the 
passage of an act equalizing the pay of soldiers and officers engaged 
in the suppression of the rebellion. 

Which was, with amendments heretofore offered, read. i 

The Speaker ordered a call of the House, vfhen the following 
members answered to their names : 

Messrs. Bonner, Boyd, Branham, Brown, Barnes, Burton, Bus- 
kirk, Caldwell, Chambers, Collins, Cook, Cowgill Cox, Croan, Crook, 
Davidson, Dunham, Ferris, 1< oulke, Glazebrook, Gleason, Goodman, 
Gregory of jNIontgomery, Gregory of Warren, Griffith, Groves, 
Hamrick, Hargrove, Harrison, Henrieks, Hershey Higgins, Hogate, 
Hoover, Howard, Humphreys, Hunt, Johnson, Lane, Lasselle, 
Lemon, Litson, Lockhart, Lopp, Major, IMiller, Milroy, Montgomery, 
McVey, Newcomb, Olleman, Osborn, Perigo, Pinney, Prather, 
Reese, Rhoads, Rice, Richardson, Riford, Roach, Sabin, Shoaff of 
Jay, Shuey, Sim, Spencer, Stewart, Stenger, Stringer, Stuckey, Sulli- 
van of Scott, Sullivan of P. & V., Thatcher, Trusler, Upson, Veach. 
Welch, White, Woodruff, Wright and Zeigler— 80. 

There being a quorum present, further call was dispensed v.'ith. 

Mr. Gregory, of Warren, moved to lay the amendments hereto- 
fore reported by the committee, relating to direct taxation, on the 
table. 

The question being on laying the amendments, recommended by 
the committee on the table. 
It was agreed to. 

Mr. Griffith moved to amend as follows : 

Amend by inserting in proper place, "and also, granting pensi&as 



205 

to all surviving soldiers of the war of 1812, who have remained 
lojal to the government of the United States.'' 
Which was airreed to. 

So House Joint Resolution No. "20 was ordered to be enfrossed 
and passed to a third reading. 

Leave of absence was granted to Messrs. Cook, Gregory of 
^Varren, Lockhart, Boyd and Upson. 

House bill No. 234 was read a second time, ordered to be engrossed 
;md passed to a third reading. 

House bill No. 238 was read a second time, and ordered to be 
engrossed and passed to a third reading. 

A message from the Senate, by Mr. Wilson, their Secretary. 

Mr. Speaker: 

I am directed by the President of the Senate to inform the House 
that the Senate has passed the following engrossed bills thereof, 
to- wit : 

Engrossed Senate bill No 226. Entitled " a bill to amend certain 
sections therein enumerated of an act entitled an act regulating the 
fees of officers," approved March 2, 1865, in which the concurrence 
of the House is respectfully requested. 

House bill No. 245. A bill to amend sections 12, 14, 18, 21, 26, 
40, 41 and 42 of an act entitled " an act to provide for a general 
system of common schools, the officers thereof and their respective 
powers and duties, and matters properly connected therewith, and 
prescribing the fees for certain officers therein named, and for the 
establishment and regulation of township libraries, and to repeal all 
laws inconsistent therewith, providing penalties therein prescribed." 

Was taken up. 

Mr. Rhoads moved that it be deemed expedient to suspend the 
Constitutional Rule requiring bills to be read by sections and that 
said bill be read by title. 

The ayes and noes were taken under the Constitution. 



293 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Burnes, Buskirk, Caldwell, 
Chambers, Church, Collins, Cook, Cowgill, Cox,Croan, Crook, David- 
son, Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery, 
Groves, Ilararick, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Hunt, Johnson, Kilgore, 
Lane, Lltson, Lockhart, Lopp, Major, Milroy, Montgomery, McVey, 
NewGomb, OUeman, Osborn, Perigo, Pinney, Reese, Rhoads, Rice, 
Richardson, Riford, Roach, Sabin, Shoaff of Jay, Shuey, Sim, 
Stewart, Stenger, Stringer, Stuckey, Sullivan of Scott, Sullivan of 
P. & v., Thatcher, Trusler, Veach, Welch, Woodruff, Wright, Woods 
and Mr. Speaker — 70. 

I 
Those who voted in the negative were, ;]■ 

,:i 

Messrs. Glazebrook, Lemon and Prather — 3. i; 

So it was deemed expedient to suspend said Constitutional Rule, ' 
and said House bill No. 245 Avas read a second time by its title, and 
ordered to be engrossed and passed to a third reading. 

Mr. Newcomb, fromlhe Select Committee on House bill 270, by 
consent, made the following report : 

Mr. Speaker: ; 

■ 'i 

The Select Committee, to whom was referred House bill No. 270, 
entitled " a bill fixing the per diem and mileage of members of the 
General Assembly, Secretaries, Clerks and Doorkeepers thereof," 
have had the same under consideration and report the same back 
with the following amendments, and, when so amended, they recom- 
mend its passage : 

1st. Amend the title by adding thereto the following between the 
words, " Doorkeeper " and " thereof," the words, " and other 
employees." 

2nd. Amend the report of the Committee of Public Expendi- 
tures by striking out the second section thereof, and inserting the 
following : " The Clerk of the Committee on Ways and Means, of 
the House, shall receive for every day of actual service five dollars, I 
and Clerks of other Committees wnen appointert by the consent of 



297 

the rospoctivc Houses, fou," dollars per day Tor llio tim? actaaliy 
employed." 

The Speaker of the House antl President of the Senate Fhall each 
be entitled to one Clerk to be appointed b}" members, if they deem 
such Clerk necessary, and the pay of such Clerks i^hall bo four 
dollars per day each from the date of their appointment, and during 
their continuance in such employment the folding clerk, appointed 
or employed by either House, shall be entitled to four dollars per 
day for the time actually employed. 

And Ave recommend that the first amendment reporteil by the 
Committee on Public Expenditures be amended by striking there- 
from the following words : '' And mileage the same as allowed to 
members of the General Assembly, as recited in the first section of 
this act," and when so amended the same be adopted. 

The amendments were adopted and the bill ordered to be engrossed 
and passed to a third reading. 

House bill No. 249 was read a second time, and re-committed to 
the Judiciary Committee. 

On motion by Mr. Groves, 
The House adjourned. 



2 CLOCK, p. M, 

The House met. 

SPECIAL ORDER FOR THE DAY. 

House bill No. 218. A bill to amend sections three and four of 
an act entitled '• an act to regulate and license the sale of spirituous, 
vinous, malt, and other intoxicating liquors ; to prohibit the adultera- 
tion of liquors ; to repeal all former laws contravening the provisions 
of this act, and prescribing penalties for the violation thereof, ' ap- 



298 

proved March 5th, 1859, and prescribing penalties in case of a second 
or subsequent conviction. 

The question being, sh;ill said bill be considered as engrossed, and 
read a third time. 

Mr. Shuey moved to postpone the further consideration of said bill 
until Tuesday next, at 10 o'clock, A. M. 

Mr. Brown moved to lay the motion to postpone on the table. 
Which Avas not agreed to. 

The question being on the motion of Mr. Shuey, to postpone till 
Tuesday next, at 10 o'clock. 
It was agreed to. 

Mr. Branham moved to make House bill No. 285 the special order 
for the d;vy for Tuesday next, at 2 o'clock. 
Which was agreed to. 

The Speaker laid before the House the following communication:! 

Indianapolis, December 1, 1865. 

To the Ilorioralle Spcaher and memlers of the Indiana House of 
Represematicea : 

Gentlmen: — The Indiana Hebrew Congregation, tlirough their 
Committee on Building, take the pleasure of extending to you an 
invitation to be present at the ceremonies of laying the corner stone of 
the new Temple, to be erected by said congregation, on Thursday, 
December 7th, 1865, (Thanksgiving Day,) at 2 o'clock, P. M., and 
express the hope that you will honor them with your presence. Place 
of meeting, Tabernacle, in Court House Square, at 1 o'clock, P. M. 
I have the honor to remain. 

Your obedient servant, 

J. WECLISLER, 
Secretary Building Committee. 



Leave of absence was granted to Mr. Sullivan, of Scott, during 
next week. 

On motion by Mr. Branham, ^ 

The House adjourned. 



299 



SATURDAY MORNING, 9 o'clock, 
I December 2, 18G5. 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names: 

Messrs. Abbett, Atkinson, Bonner, Branham, Brown, Burnes, Bur- 
well, Caldwell, Church, Collins, Cook, Cowgell, Cox, Groan, Crook, 
Davidson, Ferris, Foulke, Gleason, Goodman, Groves, Hararick, Har- 
grove, Harrison, Henricks, Hershej, Higgins, Hogate Hoover, Hum- 
phreys, Hunt, Johnson, Kilgore. Lemon, Litson, Lopp, Major, Miller, 
Milroy, Montgomery, McA''ey, Newcomb, Osborn, Perigo, Pinnoy, 
Prather, Reese, Rice, Richardson, Riford, Roach, Shoaff of Jay% Shu- 
ey, Sim, Stewart, Stenger, Stringer, Sullivan of P. and Y., Veach, 
Vveikel, Welch, "White, Woodruff, Wright, Woods, Zeigler, and Mr. 
Speaker — 67. 

There being a quorum present, 

On motion. 
The reading of the journal was dispensed v>'ith. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Cox : 

A petition from Wm. H. Coffin and others, from Greensfork, Indi- 
ana, praying for the repeal of the " Black Laws." 

Which was referred to the Committee on the Rights and Privileges 
of the Inhabitants of the State. 

By Mr. Caldwell : 

A petition from sundry citizens of Wabash county, on the subject 
of temperance. 

Which was referred to the Committee on Temperance. 

By Mr. Sim : 

A petition from sundry citizens of Cambridge City, Indiana, asking 



300 i 

that no bills be passed, on the subject of temperance, now before the 

House. '] 

% 
Which was referred to the Committee on Temperance. ^i 

'^ 

By Mr. Foulke : 

A petition from sundry citizens of the State, praying for a repeal 
of the " Black Laws,'' 

Which was referred to the Committee on the Rights and Privileges 
of the Inhabitants of the State. 

By Mr. Miller : 

A memorial from John Dauphin, on the subject of a Bureau of' 
Immigration. 

Which was referred to the Committee on Agriculture. 

By Mr. Newcomb : 

A petition on the subject of temperance, signed by John McDowell 
and four hundred others. 

Which was referred to tha Committee on Temperance. 

By Mr. Iliggins : 

A protest against the pardoning of Jefferson Davis and other lead- 
ers of the rebellion, signed by George Ames and others. 
Which was referred to the Committee on Federal Relations. 

REPORTS OF COMMITTEES. 

Mr. Iliggins, from the Committee on Ways and Means, made the 
following report : 

Mr. Speaker: 

The Committee on Ways and Means, to whom was referred House 
bill No. 136, have had the same under consideration, and have directed 
me to recommend its passage. 

Which report was laid on the table. 



301 

Mr. Cox, froifl tlic Committee on Ways and Mt-ans, made the fol- 
loAving report : 

Mr. Speaker ; 

The Committee on Ways and Means, to -whom was referred House 
bill No. 103, have had the same under consideration, and direct me to 
report that the bill, ^vith the accompanying amendment, be laid on 
the table. 

Which was agreed to. 

Mr. Higgins, from the Committee on Ways and Means, made the 
following report : 

Mr. Speaker : 

The Committee on Ways and Means, to whom was referred House 
bill No. 99, have had the same under consideration, and have directed 
me to recommend its passage. 

Which report was laid upon the table. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report : 

Mr. Speaker: 

A majority of the Committee on Fees and Salaries, to whom wag 
referred House bill No. 246, "an act to amend the 10th section of nn 
act entitled ' an act regulating the fees of officers, and repealing for- 
mer acts in relation thereto,' " beg leave to report that they have 
considered the same, and that in their opinion further legislation upon 
the subject matter of said bill is inexpedient. 

Which was concurred in. and the bill laid upon the table. 

Mr. Hararick, from the Committee on Corporations, made the 
following report : 

Mr. Speaker: 

The Committee on Corporations, to whom was referred House bill 

' No. 194, entitled " a bill to amend the 33d section of an act to repeal 

all general laws now in force for the incorporation of cities, &c.,'' 

have had the same under consideration, and have directed me tO' 



302 

report the same back to the House, -^vith the recommendation, that 
as the provision of this bill is contained in the general bill now pend- j 
ing, in%his House, the bill be laid upon the table. 

Which was concurred in, and the bill laid upon the table. 

Mr. Brown, from a special committee, made the following report : 

Mr. Speaker: 

I 
The Special Committee, to whom was referred House bill No. 24-i,|i 

entitled "an act to regulate the granting and issuing of licenses toj 
locomotive engineers," report the same back to the House, and] 
recommend that the same be laid upon the table, and in place 
thereof, report a bill upon the same subject, which is herewith sub- 
mitted to the House, and the passage of which is recommended. 
AViiich report was laid upon the table. • 

BILLS INTROEUCED. 

Bv Mr. Cox: 

House bill No. 298, A bill to prevent the running at large of 
swine, prescribing the penalties for violating its provisions, and 
declaring an emergency. 

Which was read a first time, and referred to the Committee on 
Agriculture. 

By Mr. Cowgill : ^ 

House bill No. 209. A bill to legalize the official acts of certain 
officers therein named, and the acts of their deputies, as such, while' 
the principals were performing military service in the army of the 
United States. 

W^hich was read a first time, and referred to the Committee on the. 
Judiciary. 

Mr. Wright offerred the following resolution: 

Resolved, That the use of this Hall be tendered to Rev. T. A. 
Goodwin for next Monday evening, to explain the peculiarities of the 
Order of the Host of Temperance, and the kind of legislation which, 
that organization asks on the Temperance question. 

Which was agreed to. 



803 
Mr. GrifBth oilored tlic following resolution: 

^Jipsolved, That tlie Committee on Education be requebcod to report 
i bill so ameridin"- the school law as to allow the .sijecial school ta:-; 
;o be increased to fifty cents on the one hundred dollars. 

Mr. Hjc'i^ins moved to lay the resolution on the table. 

% 

Messrs. Griffith and Wright demanded the :ives and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Brown, Burnea, Burwell, 
3uskirk, Caldwell, Church, Coffroth, Collins, Cowgill, Cox, Croan, 
Orook, Davidson, Ferris, Foulke, Glazebrook, Goodman, Gregg, 
Groves, Hargrove, Ilenricks, Hershey, Higgins, Hoover, Humphrej'-s, 
Hunt, Johnson, Kilgore, Lane, Lopp, Major Milroy, Montgomery, 
J^ewcomb, Osborn, Patterson, Perigo, Pinney, Prather, Rice, Rich- 
irdson, Riford, Roach, Sabin, Shoaff of Jay, Sim, Stewart, Stenger, 
Stringer, Trusler, Weikel, Welch, Woodruff, Woods and Mr. Speaker 
-59. 

'" Those who voted in the negative were, 

Messrs. Chambers, Griffith, Hogate, Litson, Miller, Reese, Shuey, 
Sullivan of P. & V., Veach, White and Wright— II. 

So the resolution was laid on the table. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, made the following report : 

Mr. Speaker : 

The Committee on the Organization of Courts of Justice, to whom 
was referred House bill No. 280, a bill to amend section 14 of an act 
entitled " an act to limit the number of Grand Jurors &c.," have 
had the snme under consideration, and direct me to report the same 
back to the House, and recommend its passage. 

Which report was laid on the table. 



304 

Mr. Miller, from the Committee on Courts of Justice, made the 
following report: 

Mr. Speaker: > 

The Committee on the Organization of Courts of Justice, to whom 
was referred House bill No. 278, a bill creating the sixteenth judicial 
circuit, an^ providing for the election of a judge and prosecuting 
attorney, have had the same under consideration, and direct me to 
report the same back, and recommend its passage. 

Which report was laid upon the table. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, made the following report: 

Mr. Speaker : 

The Committee on the Organization of Courts of Justice, to whom 
was referred House bill No. 277, a bill to amend sections two andi 
five of an act providing for an organization of Circuit Courts, the 
election of judges thereof, and defining their duties, have had the 
same under consideration, and direct me to refer the bill back to the 
House, and recommend its passage. 

Which report was laid upon the table. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, made the following report: 

Mr. Speaker: 

The Committee on the Organization of Courts of Justice, to whom 
was referred House bill No. 279, have had the same under considera- 
tion, and direct me to report the same back, and recommend it'? 
passage. 

Which report was laid on the table. 

By Mr. Miller: 

House bill No. 300. A bill to amend section 19 of an act entitled^ 
'' an act to revise, simplify and abridge the rules, practice, pleadings! 
and forms in criminal actions in the courts of this State, approved} 
June 17, 1852. i 

Which was read a first time, and passed to a second reading. 



305 

Mr. Coffroth moved to suspend the irgular order of business, that 
he may make a motion to print the several bills establishing criminal 
courts. 

Which was ao;reed to. 

Mr. Coffroth moved that 200 copies of each of said several bills be 
printed for the use of the House. 
Whick was agreed to. 

Mr. Buskirk moved to further suspend the order of business, and 
read said^bills a second time. 
Which was agreed to> 

House bill No. 277. A bill to amend sections two and five of an 
act entitled " an act providing for the organization of Circuit Courts, 
the election of Judges thereof and defining their powers and duties," 
approved June 1, 1852. 

Was read a second time, and, 
On motion by Mr. Newcomb, 

Was made the special order for Wednesday morning at 10 o'clock. 

House bill No. 2T8. A bill creating the Sixteenth Judicial Circuit 
and providing for the election of a Ju(ige and Prosecuting Attorney 
thereof, declaring its jurisdiction and providing for a transfer of 
action thereof. 

Was read a second time and made a special order for Wednesday 
alorning at the same hoiir. 

llomse bill No. 279. A bill to amend sections 9 and 10 of an act 
prescribing the powers and duties of Justices of the Peace in State 
prosecutions. 

Was read a setond time and made the special order for Wednesday 
morning next at the same hour. 

House bill No. 280. A bill to amend section 14 of an act entitled 
" an act to limit the number of grand jurors and to point out the 
mode of their selection, defining their jurisdiction and repealing all 
laws inconsistent therewith," approved March 4, 1852. 

Was read a second time, and made the special order for Wednes- 
day morning at the same hour. 

H. J.— 20 



, S06 

Mr. Brown moved to suspend the regalar order of business and 
take from the Speaker's table House bill 301. 
Which was agreed to. 

House bill No. SOL A bill to provide for and regulate the issuing 
and granting of licenses to Locomotive Engineers within the State 
of Indiana and prescribing penalties for the violation of the provis- 
ions thereof. 

Was read a first time. 

Mr. Brown moved to make the bill the special order for Wednes- 
day next at 2 o'clock, P. M., and that l&O copies be printed. 
Mr. Montgomery asked for a division of the question. 

The question being, first, on making the same a special order. 

It was agreed to. , 

The question next, being the order to print. • •: 

It was agreed to. . ' 

Mr. Brown, from the Committee on the Judiciary, on pfeviausi 
leave being had, made the following minority report ; ! 

Mr. Speaker: 

The minority of the Committee on the Judiciary, to whom was' 
referred House bill No. 25 entitled " an act to repeal an act entitled! 
an act to prohibit the evidence of Indians and persons having one- 
eighth or more of negro blood, in all cases where white persons are 
parties in interest," approved February 11, 1853, respectfully report 
that they have had the same under consideration and recommend 
that said bill be indefinitely postponed. 

Which was laid upon the table. : : 

Mr. Newcomb moved to make Iluuse bill No. 25 the special ordei 
for Monday next at 2 o'clock, P. M. 
Whieh was agreed to. 

HOUSE BILLS ON SECOND READING. .-^-, ;•■,;; 

House bill No. 254 was read a seco-fid time, ordered t"o b( 
engrossed and pasBsed to a third rsading. ^ 



307 

House bill No. 255 was read a second time, ordered to be 
engrossed and passed to a third reading. 

House bill No. 253 was read a second time, ordered to be 
engrossed and passed to a third reading. 

House bill No. 1G4 was read a second time, ordered to be 
engrossed and passed to a third reading. 

Mr. Henricks moved to suspend the order of business, and take up 
House bill No. 270. 
Which was agreed to. 

On motion, it was considered as engrossed. 

House bill No. 270. A bill fixing the per diem and mileage of 
Members of the General Assembly, Secretaries, Clerks, Doorkeep- 
5rs and other employees thereof. 

Was read a third time, and made the special order for Monday 
Qext at 8 o'clock. 

House bill No. 240 was read a second time, ordered to be 
sngrossed and passed to a third reading. 

House bill No. 241 was read a second time, ordered to be 
engrossed and passed to a third reading. 

House bill No. 271 was read a second time, ordered to be 
ngrossed and passed to a third reading. 

' House bill No. 252 was read a second time, ordered to be 
Engrossed and passed to a third reading. 

House bill No. 237 was read a second time, ordered to be- 
igrossed and passed to a third reading. 
r 

House bill No. 239 was read a second time, ordered to be 
Igrossed and passed to a third reading. 

House bill No. 276 was read a second time, ordered to be 
Igrossed and passed to a third reading. 

A Mr. Litson moved to adjourn until Monday at 2 o'clock P. M. 
[ Which was not agreed to. 



308 

Mr. Newcomb moved to adjourn until 2 o'clock, this afternoon. 
Which was agreed to. " , - ^ 

On motion, 
The House adjourned till 2 o'clock this afternoon. 



2 CLOCK, p. M. 

Hous« met. 

Mr. Ilenricks in the Chair. 

Mr. Wright moved that the House do now adjourn till Monday 
next at 2 o'clock, P. M. 
W^hich was not agreed to. 

House bill No. 263, was taken up, read a second time, and passed 
to a third reading. 

Mr. Lopp moved a call of the House. 
Which was not ordered. 

Mr. Hamrick, by consent, introduced | 

House bill No. 302. A bill to amend section fourteen of an ac 
authorizing the construction of plank, macadamized and gravel roads 
approved May 12th, 1852. 

Which was read a first time, and referred to the Committee o; 
'Corporations. 

Mr. Higgins moved to take up Senate bills on first reading. 
Which was agreed to. ; 

Senate bill No. 22. A bill to amend section ten of an act entitk 
an act providing for the election and qualification of Justices of tl 
Peace, and defining their jurisdiction, power, and duties, in civ 
cases, approved June 9th, 1852. 

Was read a first time and referred to the Committee on tl 
Organization of Courts of Justice. 



309 

Senate bill No. 175. A bill to authorize the formation of compan- 
ies for the detection and apprehension of horse thieves, and other 
felons, and for mutual protection, and repealing all laws inconsistent 
therewith. 

Was read a first time and referred to the Committee on Corpor- 
ations. 

Engrossed Senate bill No. 21. A bill to amend sections 9, 10, 
18, 23, 24 and 33, of an act entitled an act to incorporate the town 
of Vernon, Jennings county, Indiana, approved January 22d, 1851. 

Was read a first time and referred to the Committee on Corpora- 
tions. 

A message from the Senate by Mr. Wilson, their Secretary. 

Mr. Speaker : 

I am directed by the President of the Senate, to inform the House 
that the Senate has passed the following engrossed bills thereof, to- 
Vfit: 

Engrossed Senate bill No. 201, entitled, " a bill to provide for the 
care and treatment of the incurable insane of the State of Indiana, 
and matters properly connected therewith." Also, 

Encri'ossed Senate bill No. 227, entitled, " An act for the relief of 
Isaac D. Armstrong, Treasurer of the county of Clinton, in the State 
of Indiana." Also, 

Engrossed bill No. 233, entitled an act to enable any child here- 
tofore adopted, or which may be hereafter adopted by any person, 
under the laws of any State of the United States, to take and hold 
real estate in this State, as if the child had been adopted under the 
laws and within the State of Indiana. Also, 

Engrossed bill No. 265, entitled an act fixing the times of the terms 
lof the Wells Circuit Courts, providing for returns of process therein, 
prescribing the duration thereof, repealing conflicting laws, and 
declaring when this act shall take effect. Also, 

Engrossed Senate bill No. Qi), entitled " an act to amend section 
11 of an act entitled an act to fix the times of holding the Common 
Pleas Court, in the several counties of this State, creating a new dis- 



310 

trict, providing for the election of a Judge therein, the duration of 
the terms thereof, and making all process from the present Common 
Pleas Court, returnable to such terms, declaring when this act shall 
take effect, and repealing all laws inconsistant therewith," approved 
March 5th, 1859. 

• ! 

I am further directed by the President of the Senate to inform the 
House of Representatives that he has signed the following enrolled 
acts of the Senate, to wit : 

Enrolled act No. 4 ; also, Enrolled act No. 25 ; also, Enrolled act 
No. 82; also. Enrolled act No. 84 ; also, Enrolled act No. 115. 

And that the same have been transmitted to the Executive Depart- 
ment for the siornature of the Governor. ; 

■ . i 

Senate bill No. 27. A bill to amend section 4 of an act entitled' 
"an act prescribing certain misdemeanors punishable only by a Jus- 
tice of the Peace, approved June 7, 1852. 

Was read a first time, and referred to the Committee on the Rights 
and Privileges of the Inhabitants of the State. jj 

Engrossed Senate bill No. 106. A bill to amend section 119 of 
an act entitled "an act to revise, simplify and abridge the rules, 
practice, pleadings and forms in criminal actions in this State," 
approved June 17, 1852, so far as to strike out so much thereof as 
requires the appellee to pay the cost of the appeal, when the decision 
of the court below is decided to be erroneous. 

Was read a first time, and referred to the Committee on the 
Judiciary. 

Senate bill No. 142. A bill defining the crime of drunkenness, and 
prescribing penalties therefor. 

Was read a first time, and referred to the Committee on Tempe- 
rance. 

Senate bill No. 185. A bill for the incorporation of Hotel Com-! 
panics. 

Was read a first time, and referred to the Committee on Corpora 
tions. 

Mr. Lane asked and obtained leave of absence. 



311 

j Engrossed Senate bill No. 205. A bill to fix the time of holding 
the circuit Court in the several counties composing the seventh judi- 
cial district, and repealing all laws in conflict therev/ith. 

Was read a first time, and referred to the following select com- 
mittee. 

Messrs. White, Stivers, Croan, Kilgore, Montgomery and Burwell. 

Senate bill No. 206. A bill supplemental to an act entitled "an 
act to authorize, regulate and confirm the sale of railroads, to enable 
purchasers of the same to form corporations, and exercise corporate 
powers, and to define their rights, powers and privileges, to enable 
such corporations to purchase and construct connecting and branch 
roads, and to operate and maintain the same," approved March 3, 
1865, and for the purpose of making the same more definite and 
certain. 

i Was read a first time, and referred to the Committee on Rail- 
roads. • , 

Senate bill No. 211. A bill supplemental to an act entitled "an 
act to incorporate the White River Navigation Company," approved 
Feb. 13, 1857, and an act entitled " an act to amend the third section 
of an act entitled ' an act to incorporate the White River Navigation 
Company, approved Feb. 13, 1851, and to further extend the rights 
and privileges of said company. 

Was read a first time, and referred to the Committee on Railroads. 

Senate bill No. 217. A bill to amend sections 1, 3, and 14 of an 
act entitled " an act to allow county commissioners to organize turn- 
pike companies where three fifths of the people representing the real 
estate within prescribed limits, petition for the same, and to levy a 
tax for its construction, and provide for the same to be free. 

Was read a first time, and referred to the Committee on Roads. 

Senate bill No. 221. A bill for the punishment of oflacers of elec- 
tions for receiving illegal votes. 

Was read a first time, and referred to the Committee on Elections. 

Senate bill No. 231. A bill to legalize and render valid and eftec- 
tual all the orders, judgment and other proceedings made, rendered 
and had by and before the Common Pleas Court of Clinton county in 
this State, held in the court house of said county in the months of 



312 

October and November, in the year one thousand eight hundred and 
sixty-five, and then and there by and before the several judges of the 
said Court. 

Was read a first time, and referred to the Committee on the Judi- 
ciary. 

Senate bill No. 226. A bill to amend sections 10, 12, 1-3, 14, 15, 
16, 17, 18, 21 and 22 of an act entitled "an act regulating fees of 
officers, and repealing former acts in relation thereto," approved 
March 2, 1865, and providing when the same shall take eff"ect. 

Was read a first time, and referred to the Committee on Fees and 
Salaries. 

Engrossed Senate bill No. 6Q. A bill to amend section 11 of an 
act entitled " an act to fix the time of holding the Common Pleas 
Court in the several counties of this State, creating a new district 
providing for the election of Judge therein, the duration of the 
terms thereof, and making all process from the present Common' 
Pleas Court returnable to such terms declaring Avhen this act shall 
take effect, and repealing all laws inconsistent therewith," approved 
March 5, 1859. 

Was read a first time and referred to the following Spe cial Com- 
mittee : Messrs. Bonner, White and. Stewart. 

Senate bill No. 201. A bill to provide for the care and treatment 
of the incurable insane of the State of Indiana and matters prop- 
erly connected therewith. 

Was read a first time and referred to the Committee on Benevo- 
lent Institutions. 

Senate bill No. 227. A bill for the relief of Isaac D. Armstrongs 
Treasurer of the county of Clinton, in the State of Indiana. 

Was read a first time and referred to the following select committee 
of five : Messrs. Caldwell, Lockhart, Milroy, Church and Buskirk. 

Senate bill No. 233. A bill to enable any child heretofore 
adopted or which may be hereafter adopted by any person u»der the 
laws of any State of the United States, to take and hold real estate 
in this State as if the child had been adopted under the laws and. 
within the State of Indiana. 

Was read a first time and referred to the Committee on the: 
Judiciary. 



313 

Senate bill No. 265. A bill fixing the time of the terms of the 
Wells Circuit Court, providing for returns of process therein, pre- 
scribing the duration thereof, repealing conflicting laws, and 
declaring when this act shall take effect. 

Was read a first time and referred to the following committee : 
Messrs. Burwell, Griffith and Shoaff, of Jaj. 

Mr. Gregg asked, and obtained, leave to record his vote against 
the' passage of House Joint Resolution No. 1. 

SENATE BILLS OX SECOND READING. 

Senate bill No. 120. An act empowering District Prosecuting 
Attorneys to administer oaths in the discharge of their duties. 
Was read a second time and passed to a third reading. 

On motion by Mr. Osborn, 
The House adjourned till Monday morning, 9 o'clock. 



MONDAY MORNING, 9 o'clock, ) 
December 4, 18G5. j 

House met pursuant to adjournment. 

On motion by Mr. Buskirk, 
Mr. Hamrick was called to the Chair. 

On motion by Mr. Buskirk, 
The reading of the Journal, of Saturday, was dispensed with. 

REPORTS FROM STANDING COMMITTEES. 

Mr. Hogate, from the Committee on Agriculture, made the 
following report : 

Mr. Speaker : 

The Committee on Agriculture, to whom was referred House bill 
No. 243, " a bill to authorize the appointment of a Commissioner to 



314 

co-operate with other National and State authorities in forwarding 
to and exhibiting the agricultural, mechanical, manufacturing, min- 
eral, artistic and other products of the State of Indiana, at the Uni- 
versal Exposition, to be held at the city of Paris, in the jear 
1867," have had the same under consideration and recommend that 
all after the enacting clause be stricken out and the following be 
inserted in lieu of the original bill : 

That it is hereby made the duty of the Governor to select a suitable 
and competent person, conversant with the English, French and 
German languages, as a Commissioner to act in conjunction with the 
State and National authorities appointed to discharge the duties 
connected with the great Industrial Exhibition or Universal Exposi- 
tion at the French capitol in 1867. The duties of said Commis- 
sioner to be as follows : ^ 

1st. He shall present to the public of this State the advantages 
to result from their forwarding for representation, at said Exhibi- 
tion, such articles agricultural, manufacturing, mechanical, mineral, 
artistic and the like, as would be best calculated, when exhibited at 
the Exposition, to awaken the attention of Europeans to the advan- 
tage which the State of Indiana presents for immigration ; and he 
should invite from citizens such contributions of the above charac- 
ter, to be sent, duly labeled, to a central point, indicated by him. 

2d. lie shall himself use all reasonable exertions in collecting 
and prepa,ring such other objects in the State, natural and manu- 
factured, as shall further subserve the above purpose. 

3d. He shall make the necessary arrangements for receiving and 
forwarding all articles, designed by citizens of Indiana for the Paris 
Exhibition, to the Atlantic seabord, and deliver them to the authori- 
ties appointed by the general government. 

4th. He shall provide, at the suitable time, for the favorable 
display of said articles, in such manner, as to serve for the adver- 
tisement of articles of worth, sent by individual citizens of Indiana, 
and also as a standing source of attraction and information to emi- 
OTants looking out for locations. 

5th. He shall use such other means as may be deemed advisable 
and within the prescribed limits of expenditures, to exhibit a 



I 



315 

geological map of the State; also, to present, when occasion permits, 
the advantages which the State possesses for emigrants, and to cir- 
culate hand-bills, or other documents, in English, French and Ger- 
man, furnishing information relative to the resources and advantages 
of the State. 

6th. He shall make a report to the Governor, at or about the 
close of the Exibition for transmission to the Indiana Legislature, 
givinof the most interesting and instructive results of said Exposition. 

Sec. 2. That for the carrying out of these duties, there is hereby 
appropriated out of any money in the State Treasury, not otherwise 

appropriated, and payable on the warrant of the Governor 

thousand dollars. 

The above sum shall be used in the necessary traveling and 
boarding expenses of said Commissioner and one Clerk while 
engaged in the above duties ; but not for any salary to either; also, 
for the transportation of packages of goods designed for the Exhi- 
bition, as well as for the purchase of boxes, glass jars, alcohol, 
arsenic and other necessary materials for the preservation of the 
natural objects requiring such preservation, an account being kept 
and rendered of all the above expenditures. 

Sec. 3. The Commissioner, thus accredited fi'om the State of 
Indiana, shall be provided with the necessary credentials to exhibit 
his authority, and is hereby permitted, the State Board of Agricul- 
ture concurring, to use the specimens collected by the State Geolo- 
gist, under instructions from the State Legislature, and deposited by 
their order in the State Capitol, but now boxed up for want of room. 

Sec. 4. The Indiana Commissioner is further authorized at the 
close of the Exposition to present all the objects, thus collected, 
which are not individual property (and by these individuals required 
to be returned) to such National Museum at Paris, as to said Com- 
missioner shall appear the most suitable depository for said objects, 
natural or manufactured. 

Sec. 5. An emergency existing, in order to meet the regulations 
requiring notifications to be given by the 31st of January 1866, 
such emergency is hereby declared, and this bill shall take effect 
from and after its passage. 

Which was concurred in, and the report laid on the table. 



^ 



316 

Mr. Iliggins, by consent, presented a claim from Muson k Jolmson, 
for $19,50. 

Which was referred to the Committee on Claims. 

Mr. Shuey, from the Committee on Temperance, made the follow- 
ing report : 

Mr. Speaker : ' 

The Committee on Temperance to whom was referred Senate bill 
No. 142, entitled an act defining the crime of drunkenness and 
prescribing penalties therefor, beg leave to report that they have had 
the same under consideration, and report the same back, and recom- 
mend its passage. 

Which report was laid on the table. 

■',;'i 
HOUSE BILLS ON FIRST READING. 

By Mr. Buskirk : ' 

House bill No. 303. A bill to amend the second section of an act 
entitled an act prohibiting Supreme, Circuit or Common Pleas Judges, 
County Clerks and Treasurers, Recorders, Sheriffs or their deputies, 
from practicing law in any of the Courts of this State, except as in 
this act permitted, and prescribing punishment for the violation 
thereof, approved March 6th, 1865, and to prescribe the duty of the 
several Courts of this State in reference thereto. 

Was read a first time and referred to the Committee on the Judi- 
ciary. 

By Mr. Johnson : 

House bill No. 304. A bill entitled an act to authorize County 
Commissioners in certain cases to appropriate money for the benefit 
of the County Clerks, Auditor, Treasurer and Recorder. 

Was read a first time and referred to the Committee on Fees and 
Salaries. 

By Mr. Lasselle : 

Joint Resolution No. 22. A Joint Resolution proposing an amend- 
ment to section two of article eight of the Constitution of the State, 
so as to extend the right of suffrage to females as well as males. 



317 

Was read a first time and referred to the Special Committee on 
Constitutional Amendments. 

Mr. Coffroth, by consent, made the following report: 

Mr. SrEAKER : 

The Special Committee to whom was referred House bill No. 23, 
entitled " a bill to provide by law for draining and ditching low, wet 
and overflowed lands in the State of Indiana," have had the same 
under consideration, and have directed me to report the same back, 
with the following amendments, to-wit : 

1. Amend section first by adding after the word "drain" the 
■words " or the clearing out of any water course." 

2. And also in the fifth line of said section after the word 
" names," the words " if they are known, and if not known, such 
fact shall be stated." 

3. And by adding at the end of s!>.id section these words, " and 
shall appoint the time for the first meeting of such Appraisers." 

4. Amend section 2d by adding after the word " run " in the 6th 
line, the words, " if such names are known." 

5. Amend section 3d by adding to the conclusion thereof, these 
words, " and the time of their first meeting as appointed by said 
Board of Commissioners." 

6. Amend section 4th by adding after the word "width," in 7th 
line, the words "and fall." 

7. And also, by after the word " drain " in the same line of the 
same section the words, " and the estimated cost of the construction 
thereof, together with all other incidental expenses." 

8. Amend section 5th by adding at the end of said section, the 
wonls " or if in the judgment of said Board of Commissioners the 
same is deemed proper, they may add the whole of said appraisement 
to be paid the first year." 

9. Amend section 6th by striking out of the first line thereof, the 
word " compute " and insert in lieu thereof, the word " place." 



318 

10. Strike out of the second line of said section the words, " and 
place the same." 

11. Amend section 10th by striking out of the 5th line thereof, 
the words " if so much be in the treasury." 

12. Also, add to end of said section, the words " payable out of 
any money in the Treasury derived from such source." 

13. Amend section 11th by striking out the word " one " in the 
second line and insert " two."' 

And that when so amended they do recommend its passage. 
Which report was laid on the table. I 

Mr. Humphreys offered the following Resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
inquire into the expediency of amending the Constitution of the 
State so as to admit of local legislation in cases in which such legis- 
lation cannot now be had. 

"Which was referred to the Special Committee on Constitutional 
Amendments. 

The Speaker being in the Chair, ordered a call of the House, when 
the following members answered to their names : 

Messrs. Bird, Brov/n, Buskirk, Coffroth, Collins, Croan, Crook' 
Davidson, Gleason, Goodman, Griffith, Groves, Hamrick, Hargrove, 
Henricks, Hershey, Higgins, Ilogate, Hoover, Humphreys, Hunt, 
Johnson, Lasselle, Lee, Lemon, Lopp, Major, Montgomery, McVey, 
Newcomb, Osborn, Perigo, Richardson, Riford, Roach, Shoaff of Jay, 
Shuey, Spencer, Thatcher, Veach, Weikel, Welch, Wright and Mr. 
Speaker — 44. 

There being no quorum present, 

Mr. Coffroth moved that the House adjourn to 2 o'clock this after- 
noon. 

Which was agreed to. . : . : 



319 



2 o'clock ?, M. 
House meC. 

On motion by Mr. Ahbctt, a call of the IIouso was ordered, when 
the following members answered to their names : 

Messrs. Abbett, Atkinson, Bird, Bonner, Brown, Buskirk, Cald- 
well, Collins, Croan, Crook, Davidson, Ferris, Gleason, Goodman, 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henrickg, Hershey, 
Higgins, Hogate, Hoover, Humphreys, Hunt, Johnson, Lemon, Lit- 
son, Lopp, Major, Meredith, Miller, McVey, Newcomb, Olleman, 
Osborn, Perigo, Prather, Reese, Richardson, Riford, Shoaff of Jay, 
Shuey, Spencer, Stringer, Stuckey, Sullivan of Posey and Vander- 
burg, Thatcher, Veach, Weikel, Welch, White, Wright, Zeigler and 
Mr. Speaker.— 57. 

Mr. Spencer moved that further proceedings under the call be dis- 
pensed with. 

Which was not agreed to. 

The doors were closed and the Doorkeeper directed to send for 
absentees. 

The Doorkeeper reported Messrs. Foulke, Sim, Cox, Wood, 
CofFroth, Sullivan of P. & V., Branham, Montgomery and Lasselle, 
as present. 

Mr. Spencer moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Brown moved that a further call of the House be dispensed 
tvith. 

Which was not agreed to. 

By unanimous consent, a further call of the House ^ras had, when 
the following members answered to their names : 

Messrs. Abbett, Atkinson, Bird, Bonner, Branham, Brown, Bus- 
kirk. Caldwell, Coffroth, Collins, Cox, Croan, Crook, Davidson, 
Ferrisj Foulke, Gleason, Goodman, Gregg, Griffith, Groves, Hamrick, 



320 

Hargrove, Harrison, Henricks, Ilersliey, Higgins, Hognte, Hoover, 
Humphreys, Hunt, Johnson, Lasselle, Lemon, Litson Lopp, Major^ 
Meredith, Miller, Montgomery, McVey, Newcomb, OUeraan, Osborn, 
Perigo, Praiher, Reese, Richardson, Riford, Roach, Shoaff of Jay, 
Shuey, Sim, Spencer, Stringer, Stuckey, Sullivan of P. & V., 
Thatcher, Veach, Weikel, Welch, White> Wright, Woods, Zeigler and 
Mr. Speaker — Qid. 

There being no quorum, 

On motion by Mr. Higgins* 
The House adjourned. 



TUESDAY MORNING, 9 o^clock, ) 
December S, 1865. J 

House met pursuant to adjournment. 

The Journal was read and appro ved^ 

The Speaker aiinounced the fo'lowing as the select committee on 
the resolution of Mr. Humphrey : 

Messrs. Humphrey, Hargrove, Dunham, Brown, Bonner, Cham« 
bers, Harrison, Caldwell, Lasselle, Shuey and Burwell. 

The Speaker anounced the following as the select committee on 
House bill No. 284, to wit: 

Messrs. Patterson, Gleason, Lockhart, Gregg and Richardson. 

The Speaker announced the following as the select committee oni 
the petition of John T. Campbell : 

Messrs. Rice, Cook, Groves, Abbett, Stenger, Reese, Major, Veach, 
Stringer, Hoover, Bird and Collins. 

The Speaker announced the follovring select committee on House 
bill No. 291: 

Messrs. Veach, Buskirk, Burton, Ilamrick and Meredith. 



321 

The Speaker laid before the House the following coinirmnication 
from the Adjutant General of the State : 

Executive Department op Indiana,^ 

Adjutant General's Office, ^- 

Indianapolis, Inch, December o, 1865. j 

Hon. John U. Pettit, Speaker of the House of liejjres^nfafives : 

Sir: — In compliance with a resolution of the House of Represen- 
t-atives, passed on the 28th ultimo, which reads as follows, to-wit : 

Resolved, That the Adjutant General be requested to report to the 
House the amount unexpended of the appropriations made for his 
office at the last regular session of the General xissemblj for 
the year 18G5, together with his estimate of the amount that will 
necessarily be required of the appropriations made for the year 
1866. And that he further report the arnpunt of clerical force that 
will, in his opinion, be necessary for the proper performance of the 
luties of his office for the year 1866, and a statement of the work 
remaining to be completed which is not a part of the ordinary and 
regular business of the office. 

I have the honor to submit the following report : 

The appropriations made at the last regular session for the 
expenses of the office were as follows : 

Joy 1805, to complete the unfinished and deferred work...$ 9,200 00 
?or 1865, for the current work 12,000 00 

Making $21,200 00 

The expenditures up to the 31st of December next will 

amount to S13,646 84 

jeaving unexpended balance $ J,553 16 

[here was also appropriated for expenses for 1866, for 

the current work $12,000 00 

ilaking, with unexpended balance. $19,553 16 

My estimate is that $9,553 16 will be sufficient for the expenses 
.f 1866, leaving of the appropriations to be applied to other objects 
^10,000. 

The expenses during the present year have been increased some- 
ihat beyond my expectations at the time the appropriations were 
H. J.— 21 



322' 1 

made, because of th6 absolute necessity of entirely refitting the- 
office with new cases and furnitflre so as to secure a proper systemi- 
zation and arrangement of records and papers, without which busi- 
ness could only be done at great disadvantage, involving delay and 
an increase of expense. The amount thus expended is near $1,500, 
:but when a comparison is made between the former arrangement and 
■the present it is believed no just cause of complaint can be urged ^ 
for making the change. i| 

A portion of the time, during the present year, eleven clerks ; 
were employed, but the average number has been eight. The 
expense for clerk liire at this time is |925 per month, and one 
messenger and porter at $35 per month. By the 1st of January 
next I hope to get along with six clerks, and within two or three 
months thereafter may be able to farther reduce the force. But as 
the work yet to be done, in addition to the ordinary and regular 
business of the office, is 'very considerable and cannot be accom- 
plished without the assistance of experienced clerks, it is impossihlc 
to state with exactness, the reduction that may be made. As here- 
tofore, I shall endeavor to keep the expenses of the office as low aj 
ihe demands of the public service will allow. 

The business of the office, that is to say, the unfinished anc 
deferred work, and the ordinary or regular work, is so blende( 
tof^ether that I cannot undertake to convey an idea of it except as ; 
whole. 

The records of the officers commissioned in the various organiza 
tions of the State are complete, and have all been transcibed an 
placed in the hands of the printer. Two large volumes will b 
required for this part of the report, which will contain the names cl 
over 17,000 officers and about 300 pages of historical matter. Th 
first volume will be laid upon your desks in a day or two or as sooj 
as the binding can be done. The other is being printed as fast {' 
possible. The services of two persons are required in collectir. 
facts and preparing the accompanying historical sketches, and i; 
readin^T the proof-sheets of the entire work. 

Many of the records of non-commissioned officers and privat 
(altogether not less than two hundred and fifty thousand names) a 
defective in not showing ivhat became of (he men. Probably the 
are 3G,^00 cases of this kind, arising from the fact that no recor 
of the early organizations, except the muster-in-rolls, were filed 
this office, and even all of these are not on file. Muster-out-ro 
which account for each soldier, were not furnished prior to the men 



323 

'of April last. Through the courtesy of officers, formerly connected 

with the organisations alluded to, the rolls of the office have been 

perfected and increased largely during the year. It has been my 

aim to make these records full and complete, and to publish, as 

required by the resolution of your honorable body passed last 

session, a faithful and accurate military history of each officer and 

soldier from this State during the whole time he may have been 

connected with the service. The missing data I hope to procure 

from the War Department in time for insertion in regular order in 

the proper volumes of the official report. Up to this time the 

labors devolving on the department have prevented the officers in 

charge from furnishing copies of records so extended as these. In 

the meantime the records that are complete are being arranged and 

I transcribed for publication. In addition, I have in preparation and 

will complete as soon as the regiments remaining in service are 

mustered out, a full report of all the facts and documents relating 

to recruiting and organising troops, enrollment, quotas, credits and 

' drafts, local bounties, relief to soldiers families, organization and 

service of the Indiana Legion, services of Minute Men during the 

Morgan raid, State arms, expenditures by the State on account of 

: the Avar, list of deaths in rebel prisons and of soldiers buried at 

Gettysburg and on other battle fields, the aggregate of troops raised 

and of deaths, discharges for disability, and desertions, with other 

I valuable and interesting facts worthy of preservation. 

Many thousand soldiers have been discharged or mustered out at 
[hospitals, or while absent from their commands on detached service, 
[portions of regiments and companies have been discharged in detach- 
ments by reason of expiration of terms of service, and other por- 
jtions have been assigned and transferred to other regiments to com- 
plete the terms of their enlistments. To keep trace of these classes 
[of troops and perfect their records has been a work of no small 
magnitude and labor, but its importance must be apparent to every 
[One. In adjusting every claim, it is not only necessary to produce 
official evidence of the muster-in of the soldier, but it is, also, essen- 
jtial to show his military service and history, as for instance : the 
idate and cause of his death, discharge, or muster-out, &c. When a 
jregiment is discharged evidence to procure pensions, back pay, &c., 
^s furnished from this office ; while in the field it is given by the 
jregimental and company commanders. Applications for evidence of 
this character from discharged soldiers and from the friends, relatives 
md representatives of deceased soldiers, as well as from the Pension 



324 

office and Bureaus of the Treasury Department at Washington, arc 
being made constantly, without any prospect of a decrease for 
months to come. 

From the work occasioned by the muster-out of a single regiment 
a general idea may be formed of the labors required by the muster- 
out of eighty-six regiments and twenty-four batteries smce the 
middle of June last. A regiment usually requires about two hun- 
dred separate of?.cial certificates from the records of this office to 
enable its officers and men to draw their mileage, pay, bounties, kc. 
These can only be made up from careful examination of the records 
and files, and frequently several days are required to complete them 
for a single regiment. 

The business pertaining to correspondence, personal inquiries, 
regiments in the field, keeping up records and other matters innu- 
merable, comprising the ordinary and rugular work, has been con- 
.stant and heavy, and must so continue for a year at least. 

The final settlement of affairs connected with the Indiana Legion' 
and the adjustment of account for sums received from the Genera 
Government, has reqired considerable time and labor, and is onl^ 
partially completed. These matters are of very great importance t. 
the State, and cannot with safety be postponed. 

Important business, relating to Indiana War Claims, required m; 
presence at Washington for about three weeks in June and July last 
und one of my clerks was also there for about the same length of turn 
attending to important business connected with the interests of Indi 
ana troops belonging to General Sherman's army. These trips, c 
couri'e, retarded the business of the office, and increased its expense^ 
The adjustment of the War Claims of the State, filed against th 
General Government, amounting to over $2,000,000, has bee i 
intrusted by the Governor to the Auditor of State and myself, ac 
taia duty will probably require me to spend a portion of my tin 
during the coming year, in Washington. 

For a more extended account of the transactions during the pa 
year, and of the work remaining to be done, reference is hereby raa( 
to ray communication presented to the Legislature with the Go 
ernor's message, at the present session, a copy of which is here 
appended. 

In conclusion, I respectfully suggest that the Military Committ 
of the House, iu conjunction ^yith the Military Committee of t 



325 

Senate — or at least the chairman thereof — be directed to thoroughly 
examine this office, and make such recommendations as tliey may 
deem for the best interests of the public service. 
Respectfully submitted, 

W. H. [I. TERREL, 

Adjutant General Indiana. 

Which, on motion, was referred to the Committee on Ways and 
Means. 

The Speaker laid before the House the following report from the 
warden of the State Prison South: 

Indiana State Prison, South, 1 

December 2, 1865. J 

Hon. John U. Peitit, 

Speaker of the House of Representatives : 

Sir : — In obedience to resolutions of the House of Representatives, 
Indiana Legislature, (a copy of which I herewith return) I have the 
honor to submit the following report : 

1st. The average expense for provisioning each prisoner in my 
charge, per day, during October, 1865, was nineteen and one half 
cents. 

i 2. The books of the prison do not show the number of days each 
'prisoner worked during the months of August, September and Octo- 
ber, 1865, but I enclose herewith the statement of days'' labor made 
funder contracts each day during those months, which I hope may 
aijswer the purpose of the resolution. 

3. I also enclose herewith copies of all contracts under which 
prisoners are noAv working, which embrace all contracts for use oi 
motive power of prison. 

Very respectfully, 
; J. B. MERIWEATHER, 

I Warden. 

Which was referred to the Joint Committee on State Prisons 

t 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

The Speaker laid before the House a memorial from the members 



326 

of the bar of Miami county, asking that Indians may be allowed to 
testify, and enjoy the benefits of common schools. 

Which Avas referred to the Committee on the Judiciary. 

Mr. Henricks submitted the memorial of M. A. Malott, for relief 
as cashier of the Branch of the Bank of the State. 
Which was referred to the Committee on Claims. 

By Mr. Groves : 

The following claim in favor of G. W. Forshee, to wit : 

For work for State House, 

For 2 large iron scrapers, by M. Fenner, $8.00. 

Referred to Committee on Claims. 
By Mr. McVey : 

The petition of R. D. Spellman and others, of Pendleton, Madison 
county, upon the subject of Temperance. 

Which was referred to the Committee on Temperance. 

By Mr. Stuckey : 

Petition of Daniel Gilbert and others, citizens of Owen county^ 
Indiana, upon the same subject. 

Which was referred to the Committee on Temperance. 
By Mr. Miller: 

The memorial of the County Commissioners of Tippecanoe county, 
Indiana, asking for the repeal of the act for the relief of the families 
of soldiers, seamen and marines, except so much as authorizes the 
collection of the tax for the year 1865. 

Which was referred to the Committee on Ways and Means. 

By Mr. Bird: 

The petition of M. Levy and 254 others, asking that minors be 
held equally liable, and be punished the same as the liquor seller, for 
infringement of the license law. 

Which was referred to the Committee on Temperance.. 



327 

By Mf. Sim : 

The petition of Wra. W. Tilley and 278 others upon the same 
subject. 

Which was referred to the C^naraittee on Temperance, 
By Mr. Burton; 

The petition of A. Knoy and others, citizens of Hamilton Towa- 
ehip, Sullivan county, Indiana, asking for a law requiring an appli- 
cant for license to sell intoxicating liquors, to first obtain the recom- 
mendation of one half of the legal voters of his township. 

Which was referred to the Committee on Temperance. 

By Mr. Prather : 

The memorial of E. G. Bondurant, asking for the punishment, by 
the General Government, of leading spirits in the late rebellion. 

Which was referred to the Committee on Federal Relations. 
By Mr. Newcomb : 

The petition of John W. Allen and 1055 others, asking for the 
enactment of a law punishing minors for buying liquor. 
Which was referred to the Committee on Temperance. 

REPORTS OF COMMITTEES. 

Mr. Burnes, from the Committee on the Rights and Privileges of 
the Inhabitants of the State, made the following report : 

Mr. Speaker: 

The Committee on Rights and Privileges to whom was referred 
divers petitions of the citizens of this State, praying that colored 
persons be permitted to testify in the Courts of Justice, have consid- 
ered the same, and a majority of said committee recommend that the 
prayers of the petitioners be granted. 

W^hich report was laid on the table. 



328 

Mr. Pinney, from the Committee on Agriculture, made the follow- 
ing report : 

Mr. Speaker: 

The Committee on Agriculture, to whom was referred House Reso- 
lution " requesting said Committee to inquire into the propriety of 
enacting a law giving additional protection to the Agricultural and 
Horticultural interests of the State, by affixing appropriate penal- 
ties for trespasses committed, and damges done to fruit, &c., by law- 
less persons, and report by bill or otherwise," beg leave to report 
that they have had the same under consideration, and now report, 
that in their opinion the protection asked for in said resolution, was 
amply provided for by an act passed last session, approved Feb. 14, 
1865, entitled " an act to amend sections number seventy-six of an 
act, entitled an act defining misdemeanors, and prescribing penalties 
therefor," approved June 14, 1852. 

Which report was laid on the table. 

Mr. Hamrick, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred Senate bill 
No. 175, entitled, " an act to authorize the formation of companies 
for the detection of horse thieves, and other felons, and for mutual 
protection, and repealing all laws inconsistent therewith, have had 
the same under consideration and have directed me to report the 
same back to the House and recommend its passage. 

Which report was laid on the table. 

Mr. Hamrick, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill 
No. 95, entitled an act to enable railroads to make local alterations 
in their lines in certain cases, have had the same under consideration, 
and have directed me to report the same back to the House, with the 
amendments proposed by the Committee on Railroads, and upon the 
adoption of said amendments, they recommend its passage. 

Which report was laid on the table. 



329 

Mr. Hamrick, from the Committee on Corporations, made the fol- 
lowing report : 

Mr. Speakex : 

The Committee on Corporations, to ■\vliom was referred Senate bill' 
No. 185, entitled " act lor the incorporation of hotel companies," have 
had the same under consideration, and have directed me to report 
the same back to the House and recommend its passage. 

Which report was laid on the table. 

Mr. Gleason, from the Committee on Engrossed Bills, made the 
following report : 

Mr. Speaker: <|, 

The Committee on Engrossed Bills, would respectfully report that 
they have carefully examined Engrossed House Bills Nos. 2-37, 239, 
252, 263, 276, 238, 240, 234, 241, 253, 255, 270, and Engrossed 
Joint Resolution No. 20, and find the same correctly engrossed. 

Which report was laid on the table. 

Mr. Lasselle, from the Committee on Engrossed Bills^ made the- 
following report : 

Mr. Speaker: 

The Committee on Engrossed Bills,, to whom House bills Nos. 87^ 
206 and 223, were referred, have carefully compared the same with 
the original bills and have ascertained that they have in all respects,, 
been accurately and correctly engrossed. 

Which report was laid on the table. 

By Mr. Cowgill, from the Judiciary Committee : 
Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
190, entitled a bill to amend section eight of an act regulating the 
fees of officers, and repealing former laws in relation thereto, 
approved March 2d, 1865. 

Have had the same under consideration and have instructed me to 
report the same back, with the following amendments, and when so. 
amended, to recommend its passage. 



330 

Strike out all after the words " be so amended to read as follows. 

The County Auditor's fees shall be as follows, to-wit : 

For all records, copies and other writings, for each one hundred 
words, (counting three figures as one word) as the same appear on 
the record or other writing, excepting the tax duplicate, ten cents. 

Each 100 words as the same are written on the tax duplicate, 
(counting three figures for one word,) fifteen cents. 

Filing each paper, including county orders, and excepting papers 
returned by the township assessors, five cents. 

Tax certificates, twenty-five cents. 

Each record of an agreement, twenty-five cents. 

Each acknowledgement of a deed, to be paid by the person for 
whom the service is rendered, twenty-five cents. 

Assignment of tax and school certificate, and recording the same, 
to be paid by the Assignor, twenty-five cents. 

Administering an oath, five cents. 

Each tax deed, to be paid by the person receiving such deed, one 
dollar. 

Each special constable's bond, oath and registration of the same, 
to be paid by such constable, one dollar. 

Each certificate and seal, to be paid by the person requesting the: 

same, fifty cents. i 

I 
Each mortgage to secure a loan to the School Fund, to be paid by^ 
mortgagor, fifty cents. 

For each tract, or parcel of land sold for taxes, ten cents. 

For writing any affidavit necessarily connected with the business' 
of his office, and swearing the affiant thereto, twenty-five cents. 

Each merchant or other license, fifty cents. 

. Registering receipt given by the Treasurer for money, five cents. 

Each bond taken in the discharge of his official duties, thirty cents. 



331 

Each quietus for land redeemed, to be paid by the person redeen)- 
ing, twenty cents. 

Each quietus for treasurer's receipt, five cents. 

Each writ, notice or process required to be under seal, fifty cents 

Provided however, that in no case where it shall be necessary to 
use a seal for any purpose whatever, shall the sanae be paid for out 
of the County Treasury. 

For each writ, notice or process, not under seal, twenty-five cents. 

Each day engaged in the county Board of Equalization, two dol- 
lars. 

He shall have no fees for issuing more than one county order, for 
the same allowance, made by the Board of Commissioners, nor for 
registering and filing the same, to be paid out of the County Treasury. 

In trials before Boards of County Commissioners, the Auditor 
shall be entitled to the same fees as are allowed by Clerks of the Cir- 
cuit Court for similar services, where no specific fee is fixed in this 
act, which shall be paid by the county or other person as the right 
of the case may be, as such Board or Court may order. 

Provided, however, That no County Auditor shall receive more than 
three thousand dollars, in any one year, for his services as such, 
where the inhabitants of each county shall not exceed twenty-five 
thousand in number. 

Amend the title as follows, to-wit : 

After the words " an act " insert the words " entitled an act." 
Which report was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the- 
following report : 

Mr. Speaker: 

The Judiciary Committee to whom was referred House bill No. 
226, entitled " an act requiring all property hereafter sold by virtue 
of any order of Court or in pursuance of any process of law, to be sold 
without appraisement, and repealing all laws inconsistent therewith,"^ 



332 

respectfully report that they have had the same under consideration, 
and in their opinion legislation on the subject being expedient, the 
Committee recommend that said bill be laid on the table. 
Wliich report was laid on the table. 

Mr. Thatcher, from the Committee on Fees and Salaries, made the 
following minority report : 

Mr. Speaker : 

The minority of the Committee on Fees and Salaries to whom Avas 
referred House bill No. 24(5, an act to amend section ten of an act 
entitled an act regulating the fees of officers, and repealing former 
acts in relation thereto, have had the same under consideration and 
recommend its passage. 

Which report was laid on the table. 

By Mr. Lassellc, from the Select Committee on House Bill 251. 

Mr. Speaker: 

The Select Committee, to whom was referred House bill No. 251, 
entitled ''a bill to provide for taking the enumeration of all the white 
male inhabitants in the St;ite, over the age of 21 years, and prescri- 
bing a penalty for the neglect of certain officers, in relation thereto," | 
have had the same under consideration, and instructed me to report 
the following amendment, to-wit : 

After the word " States," in the second line of the 1st section, 
insert the words " while listing his township in the year 18(3G.'' 
After the word '' proceed,"' in the third line of the same section, 
striki' out the words following the same to the words, "sixty-six, 
inclusive. After the word "on," in the ninth line of the same 
section, insert the words, "• the first day of January proceeding" 
and strike out the succeeding words, "" such day." In the second 
line of the second section strike out the word " February " and 
insert in the place thereof the word " June." In the third line of 
the third section strike out the word " March " and insert in the 
place thereof the word " July." Strike out the whole of section i 
six and insert in the place thereof, the following : 'I 



Sec. 6. Such assessor shall receive for service herein required, i 
the same compensation now allowed by law for listing his township ; 



and such connty auditor shall receive such compensation as may be 
allowed by the Board of Commissioners of his county.*' After the 
word " thereof," in the fourth line of the eighth section, insert the 
words, '• to bo fixed by the next General Assembly,'' and tliat when 
80 amen<ied they recommend its passage. 

V>liich was concurred in and the report laid on the table. 

By Mr. Caldwell, from the Committee on Senate Bill No. 227. 

Mr. Speaker: 

V 

The Select Committee, to whom was referred Senate bill No. 227, 
entitled " a bill for the relief of Isaac D. Armstrong, Treasurer of 
the county of Clinton, in the State of Indiana," have had the same 
under consideration, and have directed me to report the same back 
to the House, and recommend its passage. 

Which report was laid on the table. 

By Mr. Lasselle. from the Select Committee on House bill 
No. 157. 

Mr. Speaker : ' 

The Select Committee, to whom was referred House bill No. 157, 
entitled " a bill to amend section twenty-one of an act entitled ' an 
act regulating descents, and the apportionment of estates,' " approved 
May 14, 1852, have had the same under consideration, and have 
instructed me to report the same back to the House, and recommend 
its passage. 

Which was laid on the table. 

By Mr. Woods, from the Committee on House Bill No. 281. 
Mr. Speaker: 

The Special Committee, to whom was referred House bill No. 
281, have had the same under consideration, and have directed me to 
report the bill back to the House with a recommendation that it 
do pass. 

Which report was laid on the table. 



S34 

BILLS INTRODUCED. 



By Mr. Coffrotli : 



House bill No. 305. A bill creating the — Judicial Circuit, 

and desisnatingc ^vhat counties shall constitute the Seventh and 
Thirteenth Judicial Circuits and fixing the time of holding Courts in 
each of said Circuits. 

Which was read a first time, and. 

On motion, ! 

Was referred to a Special Committee of five, composed of mem» 
bers affected thereby, with Mr. Kilgore as Chairman. 

By Mr. Henricks : 

House bill No. 306. A bill to regulate and license the sale of 
spirituous, vinous, malt and other intoxicating liquors, to prohibit 
the adulteration of liquors, to repeal all laws contravening the pro- 
visions of this act, and prescribing penalties for the violation thereof, 
approved March 5, 1859, and prescribing penalties in caso of a 
second or subsequent conviction. 

Which was read a first time, and, 
On motion by Mr. Henricks, 

The bill was referred to the Committee on Temperance, and 200 
copies ordered to be printed. 

By Mr. Griffith : 

House bill No. 307. A bill to amend section twelve of an act 
entitled " an act to provide for a general system of common schools, 
the officers thereof, and their respective powers and duties, and matters 
properly connected therewith, and prescribing the fees of certain 
efficers therein named, and for the establishment and regulation of 
Township Libraries, and to repeal all laws inconsistent therewith, 
providing penalties therein prescribed." 

Which Was read a first time, and passed to a second reading. 

By Mr. Buskirk : 

House bill No. 308. A bill to create the Judicial Circuit 

and to fix the time of holding the Courts therein. 

Which was read a first time and referred to a Special Committee 
of five. 



i 



335 

Mr. Newcomb moved to suspend the order of ljusiiK;sSj and take 
up House bill No. 270. 
Whicn -was agreed to. 

House bill No. 270. A bill fixing the per diem and mileage of 
members of the General Assembly, Secretaries, Clerks, Doorkeepers 
and other employees thereof. 

AVas read a third time. 

The question being shall the bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branhara, Brown, 
Burnes, Burton, Buskirk, Caldwell, Church. Co Troth, Cook, Cowgill, 
Cox, Croan, Crook, Davidson, Ferris, Foulke, filazebrook, Gleason, 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren 
Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey 
Higgins, Hogate, Hoover, Howard, Humphreys, Johnson, Kilgore, 
Lane, Litson, Lopp, Major, Miller, Milroy, Montgomery, McVey, 
Newcomb, OUeman, Osborn, Patterson, Perigo, Prather, Reese, 
Rhoads, Rice, Riford, Roach, Sabin, Shoaif of Jay, Shuey, Sim, 
Spencer, Stuart, Stringer, Stuckey, Sullivan of Vaiulcrburgh and 
Posey, Thatcher, Yeach, Weikel, White, Woodruff, Wright, Woods, 
Zeigler and Mr. Speaker — 79. 

Those who voted in the negative were, 

■ Messrs. Collins, Lemon and Richardson — 3. 

The question being shall the title as read, stand as the title of 
said bill. 

It was so ordered. 

V 

So the bill passed. 

Ordered, That the clerk inform the Senate thereof. 

Mr. Henricks gave notice that he would offer the following amend- 
ment to the rules of the House : 

Insert between rules 58 and 59, the following rule : 

When a bill or joint resolution, shall have been referred to a com- 



836 

.iilttee on its first reading, nnd returned to the House by such com- 
i^ittee, ^vith report thereon, such report shall be acted upon by the 
House at once, and if so ordered by the House, the bill shall then be 
read a second time, and be disposed of as may be ordered by the 
House, according to the rules thereof. 

Which lays over under the rule. . . ,. • 

By Mr. Lasselle : 

House bill No. 309. A bill authorizing Boards of County Com- 
missioners to make appropriations in aid of the location or construc- 
tion of manufacturing establishments or machine shops. 

Which was read a first time, and referred to the Committee on 
County and Township Business, 

By Mr. Kilgore : 

House Bill No. 3 JO. A bill defining the crime of embezzlement,' 
and prescribing the punishment therefor. 

Which was read a first time, and referred to the Committee on the 
•Judiciary. 

By Mr. Shuey i 

Joint Resolution No. 23. A joint resolution to amend the 11th 
section of the 4th article of the Constitution, so as to constitute a 
majority of the members elected to each House of the General 
Assembly, a quorum to do business. 

Which was read a first time, and referred to the Committee on the 

.Judiciary. 

By Mr. Miller : I 

House bill No. 311. A bill explanatory of the second section of 
-,n act entitled " an act to legalize the issuing of bonds, and making 
'vppropriMtions, and the levy and assessment of taxes in certain cases,: 
and making it unlawful, after the quota of the State under the pres- 
ent call i-: filled, for Boards of County Commissioners, or municipal 
authorities of incorporated towns and cities, to pay any money o^at of 
their treasuries, or the issue of any bonds, orders, or other evidences 1 
of indebtedness, to give bounties to volunteers, drafted men or sub- 



337 

stitutes," tipproved March 3, 1865, and legalizing the act of the 
Boards of Commissioners and municipal authorities. 

Which was read a first time, and passed to a second reading. 

By Mr. Kilgore : 

House bill No. 312. A bill to amend section 1 of an act entitled 
" an act to amend section 9 of an act entitled ' an act to amend sec- 
tion 2 of an act concerning the organization of voluntary associations, 
and repealing former laws in reference thereto,' " approved Feb. 12, 
1855 ; approved March 9, 1851 ; approved Feb. 10, 1863. 

Which was read a first time, and referred to the Committee on 
Corporations. 

Mr. Newcomb moved that House Bill No. 25, be made the special 
order for the day for to-morrow evening, at 7 o'clock. 
Which was agreed to. 

I SPECIAL ORDERS FOR THE DAY. 

The hour having arrived for the special order of the day. House 
bill No. 218, was taken up. 

The question being on the motion heretofore made by Mr. Rhoads, 
to reconsider the vote whereby the House refused to adopt the 
amendments offered by Mr. Newcomb, to said bill, 

Mr. Brown moved to lay the motion to reconsider on the table. 
Which was not agreed to. 

The question being on the motion to reconsider, , 

It was not agreed to. 

Mr. Henricks moved that said bill be recommitted to the Commit- 
tee on Temperance, with the following instructions : 

\ Amend so as to provide for granting two classes of licenses. One 
j;o authorize the selling of all intoxicating liquors, and fixing the fee 
'or such license at $200, the other only authorizing the selling of 
aaalt and vinous liquors, and fixing the fee at $50 for such license. 

And further amend so that the inhabitants of any township, or 
ivard of an incorporated city, may remonstrate against the granting 
)f a license to any person on account of bad character, or any unfit 
H. J.— 22 



338 

ness of such applicant to have or be trusted with any such license, 
und provide also that the inhabitants of any township, or ward of an 
incorporated city, may remonstrate against the granting of a license 
to any applicant for any license to sell all intoxicating liquors, for 
any cause such inhabitants may deem proper, and provide that in 
case a majority of all the legal voters of any township, or ward of an 
incorporated city, shall have signed such remonstrance, no license 
shall be granted to him to sell all intoxicating liquors, for one year 
thereafter. And to provide that any person having a license to sell 
malt and vinous liquors only, who shall sell or give away any liquor 
not authorized by his license, or shall sell or give away any malt or 
vinous liquors with which any other liquor which he is not, by his 
license, authorized to sell, shall have been mixed, on conviction 
thereof shall forfeit his license, and shall not be again licensed for 
twelve months thereafter. 

And also amend so as to make penalties in the act amended by the 
act under consideration where they now read " not less than five," 
so as to read " not less than ten " dollars, and to provide for penal- 
ties for the violation of section 8 of said act. 

And further amend so as to provide a penalty of not less than five 
ncr more than twenty-five dollars, against any person being over the 
age of 17, and under 21 years, who shall falsely represent his age to 
any retailer of liquors, and thereby induce said retailer to sell him 
liquor contrary to law. 

And to make such further or other amendments as may be neces- 
sary, in the judgment of said committee, to carry out these instruc- 
tions. 

Mr. Buskirk moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? ] 

It was so ordered. 

The question being on the motion to recommit with instructions, 

Messrs. Buskirk and Griffith demanded the ayes and noes. 

Those who voted in the affirmative were, ' ' ' 

Messrs." Bonner, Boyd, Branham, Caldwell, Church, Cowgill, Cox, | 
Davidson, Ferris, Foulke, Gleason, Goodman, Groves, Hamrick, 



339 

Henricks, Hershey, Higgins, Hoover, Kilgore, Lane, Major Miller. 
McVey, Newcomb, Olleman, Rhoacls, Rice, Riford, Roach, Sabin, 
Shoaff of Jay, iSim, Stewart, Stringer, Sullivan of Posey, Woodruff, 
Woods aiul Mr. Speaker— 38. 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Bird, Brown, Burnes. Burton. Burwell. 
Buskirk, Chambers, Coffroth, Collins, Cook, Croan, Crook, Glaze- 
brook, Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, 
Hargrove, Harrison, Hogate, Howard, Humphreys, Johnson, Lemon, 
Litson, Lopp, Meredith, Milroy, Montgomery, Osborn, Patterson, 
Perigo, Prather, Reese, Richardson, Shuey, Spencer, Stuckev. 
Thatcher, Veach, Weikel, Welch, White, Wright and Zeigler — 47. 

So the question did not prevail. 

The question being, shall the bill be read a third time ? 
Mr. Kilgere moved to lay said bill on the table. 
Messrs. Kilgore and Osborn demanded the ayes and noes. 
Those who voted in the affirmative were, • 

Messrs. Boyd, Church, Cook, Cowgill, Cox, Crook, Foulke, Glea- 
son, Goodman, Groves, Hargrove, Harrison, Henricks, Higgins, Kil- 
gore, Litson, McVey, Newcomb, Osborn, Prather, Rhoads, Rice, 
Riford, Sim, Woods and Mr. Speaker— 27. 

Those who voted in the negative were : 

Messrs. Abbett, Atkinson, Bird, Bonner, Branham, Brown, Burnes, 
Burton, Burwell, Buskirk, Caldwell, Chambers, Coffroth, Collins, 
Croan, Davidson, Ferris, Glazebrook, Gregory of Montgomery, 
Gregory of Warren, Griffith, Hamrick, Hershey, Hogate, Hoover, 
Humphrey, Johnson, Lane, Lemon, Lopp, Major, Meredith, Milroy, 
Montgomery, Olleman, Patterson, Perigo, Reese, Richardson, Roach, 
Sabin, Shoaff of Jay, Shuey, Spencer, Stewart, Stringer, Stuckey, 
Sullivan of Posey and Yanderburg, Thatcher, Veach, Weikel, Welch, 
White, Woodruff, Wright and Zeigler — 50. 

So the House refused to lay the bill on the table. 

The question being, shall the bill be read a third time ? 



34a 

Mr. Buskirk moved the previous question. : 

Which was seconded by the House. 

The question being, shall the main question be now put? 

It was so ordered. 

House bill No. 218, was then read a third time. 

Mr. Boyed asked to be excused from voting. 
Which request was not granted. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbe-tt, Atkinson, Bonner, Branham, Burnes, Caldwell, Cham- 
bers, Cox, Crook, Davidson, Ferris, Gregory of Montgomery, Griffith, 
Hamrick, Hershey, Hogate, Hoover, Johnson, Lane, Major, Miller, 
Montgomery, Reese, Rhoads, Sabin, Shuey, Stewart, Stringer, 
Stuckey, Sullivan of Posey and Vanderburg, Welch, Woodruff, 
Wright and Zeigler — 34. 

» Those who voted in the negative were, 

Messrs. Bird, Boyd, Brown, Burton, Burwell, Buskirk, Church, 
Coffroth, Collins, Cook, Cowgill, Croan, Foulke, Glazebrook, Glea- 
son, Goodman, Gregg, Gregory of Warren, Groves, Hargrove, 
Harrison, Henricks, Higgins, Howard, Humphreys, Kilgore, Lasselle, 
Lemon, Litson, Lopp, Meredith, Milroy, McVey, Newcomb, Olleman, 
Osborn, Patterson, Perigo, Prather, Rice, Richardson, Riford, 
Roach, Shoaff of Jay, Sim, Spencer, Thatcher, Veach, Weikel, 
White, Woods and Mr. Speaker — 52. 

So the bill was lost. 

On motion. 
The House adjourned. 



341 



2 o'clock p. m. 

The House m-et. 

The Speaker ordered a call of the House, when the following 
members answered to their names : 

Messrs. Atkinson, Bird, Bonner, Branham, Burnes, Buskirk, Cald- 
well, Church, Collins, Cowgill, Cox, Croan, Crook, Davidson, Ferris, 
Glazebrook, Gleason, Gregg, Gregory of Montgomery, Griffith, 
Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, Humphreys, Johnson, Kilgore, Lane, Lasselle, Lee, 
Lemon, Litson, Lopp, Major, Miller, Milroy, Montgomery, Ncav- 
com'o, Olleman, Osborn, Patterson, Perigo, Reese, Richardson, 
Riford, Roach, Sabin, ShoafF of Jay, Shuey, Sim, Stringer, Sullivan, 
of Scott, Sullivan of P. & V., Trusler, Veach, Weikel, White, Wood- 
ruff, Wright, Zeigler and Mr. Speaker — 67. 

There being a quorum present, a further call of the House was 
dispensed with. 

A message from the Senate, by Mr. Wilson, their Secretary. 

Mr. Speaker: 

I am directed by the President of the Senate to inform the House 
of Representatives, that he has appointed, agreeably to the third 
joint rule of the General Assembly, the following Joint Committee 
on Enrolled Bills, on the part of the Senate : 

Senators Richmond, Mason and Cullen. 

The Speaker announced the following Committee on House bill 
No. 305 : 

Messrs. Kilgore, Shoaff of Jay, Coffroth, Reese and Montgomery. 

Mr. Buskirk offered the following Resolution : 

Resolved, That the Auditor of State be, and he is hereby requested, 
to communicate to this House, at the earliest practicable day a state- 
ment, showing th<e entire cost of constructing and operating the 



342 

Northern State Prison, separating the cost of constructing and 
.operating the same. 

Which was concurreil in. 

Leave of absence ^Yas granted to Mr. Pinney. 

THE SPECIAL ORDERS OF THE BAY. 

The hour having arrived for the special order of the day, 

House bill No. 285. A bill to provide a State debt Sinking Fund, 
for the payment of the principal and interest of the war loan bonds, 
and five, and two and one half per cent, stocks of the State therein 
named ; prescribing the duties of the Auditor, Treasurer, and Agent 
of State, in relation thereto; providing for a clerk of said Sinking 
Fund, and fixing his salary, and providing a penalty for the violation 
of its provisions, and declaring an emergency for the immediate 
taking effect of the same. 

Was taken up, and read a second time. 

Mr. Branham moved to commit the bill to a committee of the 
whole House. 

Which was agreed to. 

Mr. Branham then moved that the House resolve itself into a Com- 
mittee of the Whole, for the consideration of said House bill No. 285. 
Which was agreed to. 

Mr. Henricks was then called to the Chair. 

After remaining in session for some time, the committee rose, and 
made the following report through the Chairman. 

Mr. Speaker : 

The Committee of the Whole House have, according to order, had 
under consideration House bill No. 285, and have made some pro- 
gress therein, and ask leave to, sit again at 10 o'clock to-morrow 
morning. 

W^hich was concurred in. 



343 

A message from the Senate by Mr. Wilson, their Secretary. 

Mr. Speaker : 

I am directed by the President of the Senate to inform the House 
of Representatives, that the Senate has passed the following engrossed 
bill thereof: 

Engrossed bill No. 284, entitled " an act to prevent unauthorized 
printing at the expense of the State." 

In which the concurrence of the House of Representatives is 
respectfully asked. 

Leave of absence was granted to Mr. Johnson, on account of sick- 
ness in his family. 

On motion by Mr, Spencer, 
The House adjourned. 



WEDNESDAY MORNING, 9 o'clock, ] 
December 6, 1865. j 

^.The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names: 

Messrs. Atkinson, Bonner, Boyd, Branham, Brown, Burnes, Bur- 
well, Caldwell, Chambers, Church, Cook, Cowgill, Cox, Croan, Crook, 
Davidson, Dunham, Ferris, Foulke, Glazebrook, Gleason, Gregory of 
Montgomery, Gregory of Warren, Griffith, Groves, Hararick, Har- 
grove, Henricks, Hershey, Higgins, Hogate, Hoover, Howard, Hum- 
phreys, Hunt, Lane, Lasselle, Lee, Lemon, Lockhart, Major, Mere- 
dith, Miller, Montgomery, McVey, Newcomb, Olleman, Patterson. 
Perigo, Prather, Reese, Rice, Richardson, Riford, Roach, Shoaff of 
Allen, Shoaif of Jay, Shuey, Sim, Stewart, Stringer, Stuckey, Sullivan 
of Scott, Thatcher, Trusler, Veach, Weikel, Welch, White, Woodruff, 
Wright, Woods and Mr. Speaker — 74. 



344 

There being a quorum present, a further call was dispensed with^ 

The Clerk proceeded to read the Journal of yesterday, when, 

On motion by Mr. Burnes, 
The further reading was dispensed with. i 

Mr. Abbett moved, tnat as a number of members came in since the 
call of the roll, it be again called. 

Which was agreed to, when the following members answered to- 
their names : 

Messrs. Abbett, Bird, Goodman, Harrison, Kilgore, Rhoads and 
Sabin— 81. 

PETITIONS, MEMORIALS AND REMONSTIIANCES. ' ■[ 

By Mr. Branham : 

A petition from F. D. Bland and others, from the First Baptist 
Church in the city of Madison, on the subject of Temperance. 

Which, on motion, was referred to the Committee on Temperance. 

By Mr. Stringer : 

A petition from one thousand §and thirty-four citizens of Boone 
county, on the subject of Temperance. 

Which, on motion, was referred to the Committee on Temperance. 

By Mr. Rice : 

A memorial faom S. F. Maxwell, W. W. Nye and others, citizens 
of Parke county, asking for the location of the Agricultural College 
at Bloomington. . > 

Which on motion, was referred to a Select Committee. 

By Mr. Abbett: 

A petition from the citizens of Bartholomew county on the subject 
of temperance. .v r 

Which on motion, was referred to the Committee on Temperance. 

By Mr. Stringer : 

A memorial from the Commissioners of Boone county, asking, a 



345 

modification of the law for the relief of the "families of soldiers," 
itc, approved March 4, 1865. 

Which on motion, was referred to the Committee on Ways and 
Means. 

KEPORTS OF COMMITTEES. 

Mr. Newcomb, from the Committe on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

The Judiciary Committee to whom was referred Senate Bill No. 
233, entitled " an act to enable any child heretofore adopted, or 
which may be hereafter adopted by any person under the laws of 
any State of the United States, to take, and hold real estate in this 
State as if the child had been adopted under the laws and within the 
State of Indiana," respectfully report that they have had said bill 
under consideration and recommend its passage. 

Which report was laid on the table. 

By Mr. Newcomb, from the Committee on the Judiciary. 
Mr. Speaker: 

The Judiciary Committee, to whom was referred Senate Bill No. 
231, entitled " a bill to legalize and render valid and effectual all the 
orders, judgments and other proceedings, made, rendered and had, 
by and before the Common Pleas Court of Clinton county, in this 
State, held in the Court House of said county, in the months of 
October and November, in the year one thousand eight hundred and 
sixty-five, and then and there by and before the several judges of said 
Court," respectfully report that they have had said bill under consid- 
eration and recommend its passage. 

Which "report was laid on the table. 

By Mr. Newcomb, from the Judiciary Committee : 
Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
264, entitled " a bill to amend the fourth and repeal the seventh 
clause of an act entitled an act regulating the granting of divorces, 
nullification of marriages, and decrees and orders of Court incident 



346 

thereto," approved May 13th, 1852, respectfully report that theyl 
have had the same under consideration and recommend the followinai 
amendments : 

Strike out all of the first section after the enacting clause, ant 
insert : " That the seventh clause of the seventh section of an ac 
entitled ' an act regulating the granting of divorces, nullification o 
marriages, and decrees and orders of court incident thereto,' '. 
approved May 13th, 1852, be and the same is hereby repealed. 

And further amend by striking out section two. 

And further amend by striking out all the title after the words 
" an act to,"' and insert " to repeal the seventh clause of the seventl' 
section of an act entitled an act regulating the granting of divorces 
nullification of marriajies, and decrees and orders of Court incideni 
thereto," approved May 13th, 1852, and upon the adoption of saicj 
amendments the Committee recommend the passage of the bill. 

Which report was laid on the table. 

By Mr. Neweomb, from the Committee on the Judiciary : 
Mr. Speaker: 

The Judiciary Committee to whom was referred House bill No 
299, entitled "a bill to legalize the ofiicial acts of certain officers 
therein named, and the acts of their deputies, as such, while th(' 
principals were performing military service in the army of the" Unitet 
States," respectfull}^ report that they have had said bill under con 
sideration and recommend its passage. 

Which report was laid on the table. 

Mr. Neweomb, from the Committee on the Judiciary : 

Mr. Speaker : 

The Judiciary Committee to whom was referred Senate bill No 
106, entitled " a bill to amend sections 119 of an act entitled " ai 
act to revise, simpify and abridge the rules, practice, pleadings an(' 
forms in criminal actions in the Courts of this State," approved Jun( 
17, 1852, so far as to strike out so much thereof as requires thi 
appellee to pay the cost of the appeal when the decision of the Cour 



347 

lelow is decided to be erroneous," respectfully report that they have 
lad said bill under consideration and recommend its passage. 
Which report was laid on the table. 

By Mr. Newcomb, from the Committee on the Judiciary : 

\1r. Speaker : 

The Judiciary Committee to whom was referred House bill No. 
'4, respectfully report that they have had said bill under consii;era- 
ion, and recommend that it be indefinitely postponed. 

Which was concurred in and the bill was indefinitely postponed. 

Mr. Groves from the Committee on State Prison South, made the 
bllowing report : 

klR. Speaker: 

The Committee on the State Prison South, to whom was referred 
louse bill No. 262, have had the same under consideration and have 
nstructed me to report the same back to the House and recommend 
ts passage without amendment. 

Which report was laid upon the table. 

Mr. Atkinson from the Committee on County and Township Busi- 
less, made the following report: 

iIr. Speaker : 

: The Committee on County and Township Business, to whom was 
eferred House bill No. 309, entitled " a bill authorizing Boards of 
Jounty Commissioners to make appropriations in aid of the location 
•r construction of manufacturing establishments or machine shops, 
lave instructed me to propose the following amendment to 
ame, to-wit : 

Insert after the word " may " at the end of the 5th line of section 
irst, the words "upon the petition of one fourth of such legal 
voters," and when so amended they may recommended its passage. 

W^hich report was laid upon the table. 

Mr. Hamrick from the Committee on Corporations made the fol- 
owing report : 

VIr. Speaker: 

The Committee on Corporations to whom was referred House bill 



348 

No. 256, entitled " bill for the incorporation of Hydraulic companie 
and defining their duties and powers, have had the same under con 
sideration and have directed me to report the same back to the Hous 
and recommend its passage. 

Which report was laid upon the table. 

Mr. Burnes, from the committee on Engrossed bills, made the folf 
lowing report. 

Mr. Speaker: 

The committee on Engrossed Bills to whom was referred engrosse 
House bill No. 211, have carefully compared the same Avith th 
original bill and find that it is correctly and accurately engrossed. 

Which was laid on the table. 

Mr. Wright from the Committee on Engrossed bills, made the fol 
lowing report : 

Mr. Speaker: 

The Committee on Engrossed Bills, have carefully compared er 
grossed House bills Nos. 16-4, 254 and 271, with the original bill 
iiud have ascertained that they have, in all respects, been accuratel 
and correctly engrossed. 

Which report was laid on the table. 

Mr. Burwell from a special committee made the following report 
Mr. Speaker : 

The special committe to whom was referred Senate bill No. 26; 
entitled "an act fixing the times of the terms of the Wells Circui 
court, &c., have considered tlie same and would respectfully repoil 
the same back and recommend its passaf'e. 

Which report was laid on the table. 

Mr. Buskirk offered the following resolution : 

Whereas, The committee of one from each congressional distri(i 
to whom was referred the subject of the Agricultural college, doul 
whether they possess the power to act upon the question of loo 
tion thereof: therefore, 
Resolved, That the said committee be directed to investisate an 

report to this House, at an early day, a bill locating said Agricu 



349 

I" 

ural college at some point in the State, and that all bills introduced 
pon that subject be referred to the said committee. 
Which was asireed to. 

Mr. Gregory of Warren, moved that all bills or propositions on 
hat subject be referred to the same committee. 
, Which was agreed to. 

Mr. Groves oflfered the following resolution : 

Resolved^ That the Committee on the rights and privileges of the 
ahabitants of the State, enquire into the expediency of so amending 
he dog law, as to allow each family to keep and own one dog free of 
11 taxes and that they report bj bill or otherwise. 

Mr. Burwell moved to amend as follows : 

Amend so as to provide that the dog so exempted shall not be 
, sheep killing dog. 

The resolution and amendment were, on motion, laid upon the 
able. 

Mr. Lopp offered the following resolution : 

Resolved, That the Committee on the Judiciary be instructed to 
nquire into the propriety of passing a law protecting land holders 
.long the Ohio river against persons fishing in said river in front of 
heir land, and report by bill or otherwise. 

The resolution was, on motion by Mr. Groves, laid upon the table, 

Mr. Ferris offered the following resolution : 

Resolved, That during the remainder of the present session of the 
ieneral Assembly, no member of this House shall have leave of 
absence unless in case of sickness of himself or family, 

Mr. Olleman moved to lay the resolution on the table. 

^Messrs. Olleman and Burwell demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Boyd, Branham, Burnes, Burton, Burwell^ 
Caldwell, Chambers, Church, Cook, Cowgill, Croan, Dunham, Foulke, 
Glazebrook, Gregory of Montgomery, Harrison, Higgins, Ilogate^ 



Howard, Kilgore, Lee, Lemon, Litson, Lockhart, Lopp, Major, Olle 
man, Patterson, Reese, Rice, Roach, Sboaff of Allen, Shoaff of Jay' 
Spencer, Stewart, Stuckey, Thatcher, Yeach, White and Woodrul 
—42. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Buskirk, Cofifrotli, Cox, Crook, David 
son, Ferris, Gleason, Goodman, Gregory of Warren, Griffith, Groves 
Hamrick, Hargrove, Ilenricks, Hershey, Hoover, Humphreys, Hunt 
Lane, Lasselle, Miller, Montgomery, McVey, Newcomb, Osborn 
Perigo, Prather, Rhoads, Richardson, Riford, Sabin, Shuey, Sim 
Stringer, Sullivan ot Scott, Trusler, Upson, Weikel, Welch, Wright 
Woods, Zeigler and Mr. Speaker— 46. 

So the motion did not prevail. 

The question being on agreeing to the resolution. 

It was adopted. 

Mr. Foulke offered the following resolution: 

Whereas, on the 18th day of February, 1863, the House Committee 
on the affairs of the State Prison jS'orth, made a report, in whicl 
they recommended that an appropriation be made to H. M. Ack- 
noyd, for the sum of one hundred and fifty dollars ($160) for ser 
vices rendered by him as architect, in measuring work done on the 
Northern Prison (House Journal, 1863, page 500), which sai( 
report was, on the 20th of February, referred to the Committee oi 
Ways and Means (House Journal, 1863, page 559), but owing t(^ 
the subsequent disorganization of the House, no action was after- 
ward taken therein, and, 

Whereas, The said Acknoyd has since assigned and transferred hi; 
said claim to one John Jackson, and the same still remains unpaid 
and no appropriation has been made, therefore, 

Eesolved, That an appropriation be made to the said John Jack- 
son for the said sum of one bundled and fifty dollars, with interes" 
thereon from said 18th of February, 1863. 

Which was referred to the Committee on Claims. 

Mr. Collins obtained leave of absence until Monday next, or 
account of sickness in his family. 



351 

Mr, Newcomb moved to make House bills No. 277, 278, 279 and 
180, the special order for Friday, December the 8th, 1865, at 10 
I'clock, A. M. 

Which was agreed to. 

SPECIAL ORDERS FOR THE DAY. 

The hour having arrived for the consideration of House bill No, 

:85, 

On motion by Mr. Newcomb, 

The House resolved itself into a Committee of the Whole House, 
rith Mr. Henricks in the Chair. 

After remaining in session some time, the committee rose, and 
aake the following report, through the Chairman : 

Ir. Speaker: 

The Committee of the Whole House, to whom was referred House 
ill No. 285, have had the same under consideration, and adopted 
he following amendments thereto, and after so amended, they recom- 
aend the passage of said bill. 

Amend the first section by inserting immediately after the word 
works," in the 22d line, the following : " and together with all the 
loney in the State Treasury, belonging to the State Debt Sinking 
'und, and all money due the same from the general fund, and the 
evenue derived by the laws now in force, providing for a State Debt 
inking Fund," shall be denominated, &c. 

! Amend the fifth section by inserting immediately after the word 
.shall," in the fifth line, the following: "endorse on the back of 
aid certificate or certificates, the amount paid thereon, and the bal- 
nce unpaid, and" immediately forward, kc. 

: x\mend section 9, by inserting in the 1st line thereof, after the 
ord "Debt," the words "Sinking Fund,*' and by adding to said 
sction, "in addition to his present salary." 

' The report was concurred in, and the committee discharged. 



352 

The first amendment was read, and Mr. Buskirk moved to amend 
as follows : 

Amend section first by striking out all that relates to the War 
Loan Bonds. 

Messrs. Buskirk and Shoaff of Jay, demanded the ayes and noes. 

Those who voted in the affirmative were 

Messrs. Bird, Brown, Burton, Buskirk, Coffroth, Groan, Glaze- 
brook, Hargrove, Harrison, Howard, Humphreys, Hunt, Lee, Lemon, 
Lopp, Osborn, Patterson, Perigo, Richardson, Roach, ShoafF of Allen, 
Shoafi" of Jay, Spencer, Stuckey, Sullivan of Scott, Thatcher, Veach, 
Weikel and White— 29. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Caldwell, i 
Chambers, Church, Cook, Cowgill, Cox, Crook, Davidson, Dunham, 
Ferris, Foulke, Gleason, Goodman, Gregory of Montgomery, Gregory 
of Warren, Griffith, Groves, Hamrick, Henricks, Hershey, Higgins, 
Hogate, Hoover, Kilgore, Lane, Litson, Lockhart, Major, Meredith," 
Miller, Montgomery, McVey, Nev/comb, Olleman, Prather, Reese, 
Rhoads, Rice, Riford, Sabin, Shuey, Sim, Stewart, Stringer, Sullivan 
of P. & V.,Trusler, Upson, Welch, Woodruff, Wright, Woods, Zeigler 
and Mr. Speaker — 58. 

So the amendment offered by Mr. Buskirk was not agreed to. 

The question being on the amendment as reported by the Commit- 
tee of the Whole. 

It was agreed to. 

The second amendment of the Committee was read. 

And agreed to. 

The third amendment of the Committee was read. 

And was agreed to. 



853 

Mr. Braniiam moved that said bill be ordered to be engrossed, and 
made the special order for Friday next, at 10 o'clock, A. M. 

On motion by Mr. Griffith, 
The House adjourned. 



2 o'clock p. m. 
The House met. 
Mr. Henricks in the Chair. 

SPECIAL ORDER FOR IHE DAY. 

The hour having arrived, 

House bill No. 301. A bill to provide for and regulate the issuing 
and granting of licenses to locomotive engineers within the State of 
Indiana, and prescribing penalties for the violation of the provisions 
thereof. 

Was taken up and read a second time. 

Mr. Brown moved to amend section 12 by inserting after the word 
" occur," in the third line, the following words : " or in the Circuit 
Court or Court of Common Pleas of any county in this State through 
which the railroad passes, or is situated upon, or for which the 
person or persons violating this act was employed or engaged." 

Which was agreed to. 

Mr. Brown moved to amend as follows : 

In line 6 of section 7 strike out the word "article" and insert the 
word "act." In line 3 of section 8 strike out "20" and insert "10 " 
Which was agreed to. 

Mr. Branham moved to amend section 5 by inserting after the 
word "year," in the ninth line, "but no person shall be licensed who 
becomes intoxicated by the use of intoxicating liquors." 

Which was agreed to. 
H. J.-~23 



354 

Mr. Brown moved that said bill be considered as engrossed. 
Which was agreed to. 

Mr. Buskirk moved that it be deemed expedient to suspend the 
constitutional rule, requiring bills to be read on three several days, 
and read said bill a third time now. 

The ayes and noes were taken under the Constitution. 



Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes,! 
Burwell, Buskirk, Caldwell, Chambers, Church, Coffroth, Cook, Cow- 
gill, Cox, Croan, Crook, Davidson, Dunham, Ferris, Foulke, Glaze- 
brook, Goodman, Gregg, Gregory of Montgomery, Gregory of War- 
ren, Griffith, Groves, Hargrove, Harrison, Henricks, Hershey, Hig- 
gins, Hogate, Hoover, Howard, Humphreys, Hunt, Kilgore, Lane. 
Lemon, Litson, Lockhart, Lopp, Major, Milroy, Montgomery, McVey. 
Osborn, Patterson, Perigo, Prather, Reese, Rhoads, Rice, Richards. 
Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaif of Jay! 
Sim, Stewart, Stuckey, Sullivan of Scott, Sullivan of P. and Y., 
Thatcher, Trusler, Veach, Weikel, Welch, White, Woodruff, Wright 
Woods, Zeigler and Mr. Speaker — 78. 

Those who voted in the negative were, 

Messrs. Miller, Stringer and Upson — 3. 

So it was deemed expedient to suspend said Constitutional rule ant 
said House bill No 301 was read a third time. 

Mr. CofFroth moved to postpone the further consideration, am 
make it the special order for the day, on Friday next at 2 o'clocl 
P. M. 

Which was agreed to. 

Mr. Thatcher offered the following resolution : 

Whereas, The President of the United States has set apar 
Thursday, the 7th day of December, to be observed in all placer 
of religious worship, as a day of National Thanksgiving for th( 
great mercies of God, to our nation during the year now closing 
therefore, 

Resolved, That when the House adjourn to-day, that it adjouri 
till Friday next, at 9 o'clock, A. M. 
Which was adopted. 



355 

Mr. Buskirk moved that the vacancy on tlic Ci);nmitteo on Aori- 
cultural college lltli District, occasioned by the absence of Mr. Col- 
lins, be filled by some other member from said district. 

Vrhich w:is agreed to. 

And Mr. Burvvell was appointed to fill the vacancy. 

Mr, Iliggins, by unanimous consent presented a memorial of Mil- 
ton Mercer and others, holders of near one-half million of Indiana 
two and one-half per cent Stocks, urging that the Legislature take 
such action as will lead to the speedy adjustment of such debt on the 
part of the State. 

Which was read and laid on the table. 

On motion by Mr. Branham, 
House bill No. 285, was taken up and ordered to be engrossed. 

Mr. Branham moved that said bill be made the special order for 
the day for Friday morning next, at 10 o'clock, and continued until 
disposed of. 

Which was agreed to. 

Mr. Shuey moved to take up House bill No. 239. 
Which was agreed to. 

House bill No. 239. A bill to authorize manufacturing companies 
to erect a dam across the St. Joseph River in Elkhart county. 
j Was read a third time. 

j The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

i Messrs. Abbett, Bird, Bonner, Boyd, Branham, Brown, Burton, 

iBurwell, Buskirk, Chambers, Chuich, Coffroth, Cook, Cox, Croan, 

jCrook, Davidson, Dunham, Ferris, Foulke, Glazebrook, Gleason, 

jGoodraan, Gregory of Montgomery, Gregory of Warren, Groves, 

jHamrick, Hargrove, Harrison, Henricks, Hershey, Hogate, Hoover, 

[Howard, Humphreys, Hunt, Kilgore, Lane, Lasselle, Lee, Lockhart, 

Lopp, Major, Meredith, Miller, Milroy, Montgomery, McVey, New- 

" comb, (Jlleman, Osborn, Patterson, Perigo, Rhoads, Rice, Richards, 

Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shoaff of Jay, 

Shuey, Sim, Stuart, Stuckey, Sullivan of P. & V., Thatcher, Trusler, 

Upson, Veach, Weikel, Welch, Woodruff, Wright, Woods and Mr. 

Speaker — 77. 



356 

Those who voted in the negative were, 

Messrs. Atkinson, Lemon, Litson, Prather, Reese, Stringer, SuUi- j 
van of Scott, White and Zeigler — 9. 

The question being, shall the title as read, stand as the title of 
said bill ? 

It was so ordered. 
So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 
On motion, by Mr. Newcomb : 

House bill No. 25. A bill to repeal an act entitled " an act to 
prohibit the evidence of Indians and persons having one eighth or 
more of negro blood, in all cases where white persons are parties in 
interest," approved Feb. 14, 1852, and so much of any other laws as 
render persons incompetent as witnesses on account of their color. 

"Was taken up and read a third time. 

Mr. Buskirk moved to recommit the bill to the Judiciary Com-i 
mittee, with instructions to add to the end of section 2d the follov/- 
ing proviso : 

Provided, That the privileges granted by this act shall not extend 
to embrace or be enjoyed by any negro or mulatto, who has come 
into this State since the adoption of the present Constitution. 

Mr, Sim moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on recommitting. 

Messrs. Coffroth and Buskirk, demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Boyd, Brown, Burton, Buskirk, Coffroth, Croan, Davidsoni 
Dunham, Gregg, Hargrove, Harrison, Howard, Richards, Richard 
son, Shoaff of Jay, Stuckey, Sullivan of Scott and Yeach — 19, 



357 

Those who voted in the negative were, 

Messrs. Abbett, Atkinson, Bonner, Branham, Barnes, Burwell, 
Caldwell, Chambers, Church, Cook, Cowgill, Cox, Crook, Ferris, 
Foulke, Glazebrook, Gleason, Goodman, Gregory, of Montgomery, 
Gregory of Warren, Griffith, Hamrick, Henricks, Hershey, Higgins, 
Hogate, Hoover, Humphreys, Hunt, Kilgore, Lane, Lee, Lemon, 
Litson, Lockhart, Lopp, Major, Meredith, Miller, Milroy, Montgom- 
ery, McVey, Newcomb, Olleman, Osborn, Patterson, Perigo, Prather, 
Reese, Rhoads, Rice, Riford, Roach, Sabin, ShoaflF of Allen, Shuey, 
Sim, Stewart, Stringer, Sullivan of P. & V., Trusler, Upson, "Weikel, 
Welch, White, Woodruff, Wright, Woods, Zeigler and Mr. Speaker 
—70. 

So the motion to recomit did not prevail. 

The question being, shall said bill pass? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Branham, Burnes, Caldwell, Chambers, 
Church, Cook, Cowgill, Cox, Crook, Davidson, Ferris, Foulke, Glea- 
son, Goodman, Gregory of Warren, Gregory of Montgomery, Ham- 
rick, Henricks, Hershey, Higgins, Hogate, Hoover, Kilgore, Lane, 
Litson, Lockhart, Major, Meredith, Miller, Montgomery, McVey, 
Newcomb, Olleman, Prather, Reece, Rhoads, Rice, Riford, Sabin, 
Shuey, Sim, Stewart, Stringer, Sullivan of P. & V., Trusler, Upson, 
Welch, Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 55. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burton, Burwell, Buskirk, 
Coffroth, Croan, Dunham, Glazebrook, Gregg, Hargrove, Harrison, 
Howard, Humphreys, Hunt, Lasselle, Lee, Lemon, Lopp, Milroy, 
Osborn, Patterson, Perigo, Richardson, Roach, Shoaff of Allen, 
Shoaff of Jay, Stuckey, Sullivan of Scott, Thatcher, Veach, Weikel 
and White — 35. 

The question being, shall the title, as read, stand as the title of 
said bill? 

It was so ordered. 
So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 



358 

Mr. Danham moved to suspend the regular order of business, and 
take up House bill No. 125. 
Which was agreed to. 

House bill No. 125. A bill to amend sections one and two of an 
act entitled " an act to provide for the re-location of county seats 
and for the erection of public buildings in counties, in case of such 
re -location," approved March 2, 1855. 

Was taken up and read a third time. 

Mr. Foulke moved to refer the bill to the Committee on ihe Judi- 
ciary, with instructions to strike out " two," and insert " one." 
Which was not agreed to. 

Mr. Brown moved to commit the bill to the Committee on the 

Judiciary, with instructions to strike out "two" and insert "three." 

Which was not agreed to. 

• 
Mr. Hicgins moved the previous question. 

Vvliich w^as seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being shall said bill pass ? 

Those who voted in the affirmative were 

Messrs. Abbctt, Atkinson, Bird, Bonner, Boyd, Burns, Burton, 
Burwell, Buskirk, Caldwell. Church, Cook, Cowgill, Cox, Croan, 
Crook, Davidson, Dunham, Ferris, Foulke, Glazebrook, Glcason, 
Goodman, Gregg, Gregory of Warren, Groves, Hamrick, Hargrove, 
Harrison, Henricks, Hershey, Higgins, Hoover, Hunt, Humphreys, 
Kilgore, Lane, Lasselle, Lee, Lemon, Litson, Lockhart, Lopp, Major, 
Miller, Milroy, McVey, Newcomb, Olleman, Osborn, Patterson, 
Perigo, Reese, Rhoades, Rice, Richards, Richardson, Riford, Roach, 
Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Stewart, Stringer, 
Stuckey, Sullivan of Scott, Sullivan of P. & V. Thatcher, Trusler, 
TTpson, Veach, Weikel, Welch, White, Woodruff, Woods, Zeigler and 
Mr. Speaker— 79. 

Those who voted in the negative were, 

Messrs. Griffith, Hogate, Montgomery, Prather, Sabin and Wright 
—6. 



359 

The question being, shall the title, as read, stand as the title of 
said bill? 

It was so ordered. 

So the bill passed. 

Ordered, Tliat the Clerk iuform the Senate thereof. 

jlr. Miller moved to take up House bill No. 174. 

Mr. Newcomb moved to amend said bill by allov,-ing the Judiciary 
Committee to make a report. 
Which was agreed to. 

Mr. Newcomb, from the Committee on the Judiciary, obtained 
leave, and made the following report : 

Mr. Speaker: 

The Committee to whom was referred House bill No. 294, entitled 
" a bill providing for securing to the Common School Fund, sums 
forfeited on recognizance, and fixing the mode for declaring their 
forfeiture," have had the same under consideration, and have 
instructed me to report the same back, and recommend its passage. 

Which report was laid upon the table. 

House bill No. 294 was taken up, read a second time, and passed 
10 a third reading. 

Mr. Roach obtained leave of absence until Monday, 2 o'clock, P^ 
M., on account of sickness. 

I Mr. Griffith, by consent, made the following report from the Joint 
Committees on State Prisons. 

Mr. Speaker: 

The Joint Committees upon Northern and Southern State Prisons, 
to whom was referred House bill No. 282, a bill regulating the mile- 
age of sheriffs in conveying convicts to the State Prison North, &c., 
haviEg had the same under consideration, hereby report the same 
pack to the House, and respectfully recommend its passage. 

WJaich report was laid upon the table. 



36a I 

Mr. Groves, by consent, presented a claim from Deloss Root & 
Co., for ^39.95. 

Which was referred to the Committee on Ways and Means. 

On motion by Mr. Burwell, 
The House adjourned till Friday next, at 9 o'clock, A. M. 



FRIDAY MORNING, 9 o'clock, \ 
December 8, 1865. j 

The House was called to order by Mr. Nixon, their Clerk. 

By unanimous consent, Mr. Hamrick took the Chair. 

The Clerk proceeded to read the Journal of Wednesday last, when, 

On motion by Mr. Shuey, 
The further reading was dispensed with. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Montgomery : 

Sundry petitions from the citizens of Howard county on the sub-, 
ject of temperance. 

Which were referred to the Committee on Temperance. 

By Mr. Spencer : 

A memorial from the Board of Commissioners of the county oi 
Posey, praying for the repeal of an act for the relief of soldiers 
families. 

Which was referred to the Committee on Ways and Means. 

By Mr. Re«se : j 

A memorial from the Board of Commissioners of Randolph county.! 
praying for the repeal of an act for the relief of soldiers' families. 
Which was referred to the Cammittee on Ways and Means. 



361 

By Mr. Gootlraan ; 

A petition from sundry citizens of tlie State of Indiana, asking 
for a change in the Common School Law. 

Which was referred to the Committee on Education^ 

By Mr. Montgomery : 

A claim from Peter Wilkins for three dollars for makinfr coal 
tub for State House. 

Which was referred to the Committee on Claims. 

REPORTS OF COMMITTEES. 

Mr. Covvgill, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the following 
named claims, for various sums and purposes, have had the same 
under consideration, and would respectfully recommend that they 
be allowed, and that the same be embraced in the specific appropria- 
tion bill for payment, viz : 

Nov. 1 7, 1865. To H. F. West & Co., for pitcher, tumblers, &c., for 
use of Legislature, $21. 

jNov. 21, 1865. To Wilson & Gorgas, for saws, saw-bucks, and 
axe for use at the State house, $7 50 

Nov. 21, 1865. To Kindler & Isensee, for keys, locks, repairs^. 
&c., in and about State house, $16 25. 

Nov. 27, 1865. To George W. Forsba, to two large iron scra- 
pers, S8 00. 

Which report was laid upon the table. 

Mr. Boyd, from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of H. 
C. Chandler, for the sum of one hundred and ninety-four dollars and 
ninety cents. And also the claims of J. F. Wingate, one for the 
sum of seven dollars and fifty cents, and one for fifteen dollars and 



362 

seventy-five cents, beg leave to report that they have had the same 
under consideration, and find that they are correct and just ; we 
therefore recommend that they be allowed, and placed in the specific 
appropriation bill for payment. 

Which report was concurred in, and referred to the Committee on 
Ways and Means. 

Mr. Cowgill from the Committee on Claims, made the following 
report : 

Mr. Speaker: 

The Committee on Claims, to whom was referred the claim of the 
Branch at Bedford, of ihe Bank of the State, for the sum of three 
hundred dollars, for ten coupons of $30 each, that matured on the 
1st day of May, 1864, upon ten bonds of the State issued under thr 
act approved May 13, 1861, entitled "an act to authorize the Gov- 
ernor to issue bonds to appoint a board of Loan Commissioners, and 
defining their duties ; requiring the Sinking Fund Commissioners to 
purchase bonds ; defining their duties in relation to the interest 
received on the same, and levying a tax to meet the payment of the 
interest and principal of the bonds to be sold," which ten bonds were 
then held and owned by said Branch of the Bank of the State, and 
which coupons were, on the 1st day of May, 1864, detached from 
said bonds and placed in the mail by the ofiicers of said Branch 
Bank, directed to Messrs. Gilmon, Son & Co., of the city of New 
York, for the purpose of being presented to the agent of State for 
redemption; and which said coupons were lost, . destroyed or stolen 
while in transit from said Branch Bank to the city of New York," 
have had the same under consideration, and have instructed me to 
report the same back with the recommendation that said claim be 
allowed ; and that the same be referred to the Committee of Ways 
and Means with instructions to embody the same in the specific 
appropriation bill for payment. 

Which report was concurred in and the claim referred to the Com- 
mittee on Ways and Means. 

Mr. Groves from the Committee on Claims, made the following 
report : 

!Mr. Speaker : 

The Committee on Claims, to whom was refeiTed the following 



3G3 

named claims for the various sums herein named, have had the same 
under consideration, and woukl recommend that they be allowed, and 
that the Committee on Ways and Means be instructed to incorporate 
an allowance for the same in the specific appropriation bill. Munson 
md Johnson, for the sum of two hundred and eighty-two dollars and 
forty-five cents, for repairing stoves, grates, and furnishing various 
irticles for the use of extra session of Legislature of 1865. 

"Which report was concurred in and referred to the Committee on 
Ways and Means. 

Mr. Groves from the Committee on Claims, made the loUowing 
'eport : 

vIr. Speaker: 

The Committee on Claims, to whom was referred the following 
lamed claim, have had the same under consideration, and would beg 
eave to report the same back to the House with the recommendation 
hat it lay on the table. 

The claim is as follows to-wit : 

Werden and Co., for sundry articles of wall paper, &c., for forty 
ollars and ten cents. 

Which report was laid upon the table. 

Mr. A-^each from the Committee on Claims, made the following 
eport : 

Mr. Speaker: 

The Committee on Claims to whom was referred the claims of 
5peigel, Thorns & Co., for twelve dollars for office table for the 
louse, and thirteen dollars and seventy-five cents for chairs for the 
louse, have had the same under consideration, and have directed me 
D report the same back and recommend that they be allowed and 
acorporated in the specific appropriation bill for payment. 

Which report was concurred in and referred to the Committee on 
7ays and Means. 

Mr. Veach from the Committee on Claims, made the following 
eport : 

ilR. Speaker: 

The Committee on Claims to whom was referred the claims of 
jlume, Adams & Co., for sundry articles of house furnishing goods^ 



364 

one for the sum of forty-six dollars and sixty-nine cents, one 
for forty-six dollars and eighty-seven cents, and also one for sev- 
enteen dollars and three cents, have had the same under consider- 
ation, and have directed me to report the same back and recommend 
that they be allowed and incorporated in the specific appropriation 
bill for payment. 

Which report was concurred in and referred to the Committee on • 
Ways and Means. 

Mr. Veach, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee on Claims, to whom was referred the claim of Hall & 

Hutchinson for two set of statutes furnished the State 28, 1865, 

for the sum of twenty dollars, have had the same under considera- 
tion, and have directed me to report the same back, and recommend 
that the same be allowed and incorporated in the specific appropri- 
ation bill for payment. 

Which report was concurred in, and referred to Committee on 
Ways and Means. 

Mr. Newcomb, from the Committee on the Judiciary, by consent 
made the following report: 

Mr. Speaker : 

The Committee on the Judiciary, to whom was referred House bill 
No. 86, entitled, " A bill authorizing the digging of a ditch or canal 
from the Little Calumet river to the Grand Calumet river, in Lake 
county," have had the same under consideration, and have instructed 
me to report the same back, with a recommendation that the title be 
stricken out, and that the bill be stricken out from the enactingi 
clause, and the accompanying bill and title be inserted, and when so 
amended they recommend the passage of the bill: 

An act giving the consent of the State of Indiana to, and author 
izing the digging or contracting a ditch or canal from the Little Cal-' 
umet river to the Grand Calumet river, both in Lake county, in this 
State, and requiring the Attorney General to defend such suits or 
actions at law as may be brought against the parties who may be 
prosecuting said work. 

Section 1. That one or more persons acting in conformity to and 



365 

in accordance with the laws of this State, may, and they are hereby 
authorized to dig or construct a ditch or canal from the Little Calu- 
met river to the Grand Calumet river, in Lake county, in this State, 
for the purpose of draining the wet and overflowed lands adjacent to 
said rivers ; and in case the Trustees of the Illinois and MichitT^an 
Canal, or any other parties claiming interests in the Calumet Feeder 
Dam, or in said Canal, under the State of Illinois should endeavor 
to prevent, by suits or actions at law, such persons or association 
from digging or constructing said ditch or canal, then the Attorney 
General shall, and he is authorized and reqat'sted to defend the same 
on behalf of the State, and for the expenses of the judicial proceed- 
ings in this case, the money appropriated by an act entitled "An act 
to provide for the prosecution of the necessary judicial proceedings 
to procure the removal of the feeder dam erected across the Calumet 
river in the State of Illinois, and for the payment of such proceed- 
ing," approved March 9, 18G1, may be tnken and used; but no 
money shall be drawn from the treasury for the payment of such 
expenses, except in such manner as is provided in section 5, of the 
act above recited. 

Sec. 2. It being necessary that the work should be commenced 
as soon as practicable, therefore it is decided that an emergency ex- 
ists, and this act shall be in force from and after its passage. 

Which report and amendments were laid on the table. 

Mr. Hoover, by consent, presented a protest of J. B. McKee and 
others against the pardoning of Jefferson Davis. 
. Which was referred to the Committee on Federal Relations. 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report : 

Mr. Speaker : 

The majority of the Committee on Fees and Salaries, to whom 
^Yas referred House bill No. 304, "An act to authorize county com- 
missioners, in certain cases, to appropriate money from the county 
treasury for the benefit of the county clerk, auditor, treasurer and 
recorder," have considered the same, and have directed me to return 
the same, with the recommendation that, for the present, it do lie on 
the table. 

Which bill and report was laid on the table. 



366 

Mr. Major, from the Committee on Fees and Salaries, made the 
following report : 

Mr. Speaker : 

The majority of the Committee on Fees and Salaries, to vrhora was 
referred Senate bill No. 226, " a bill to um^nd certain sections therein 
enumerated, of an act entitled an act regulating fees of officers,"! 
approved March 2, 1865, have had said bill under consideration, andi 
are of opinion that further legislation upon the subject therein con-^ 
tained is inexpedient at the present time. 

Which was concurred in and the report laid on the table, 

F>'^ Mr. Burnes, from the Committee on Rights and Privileges: 

Mr. Speaker: 

A majority of the Committee on Rights and Privileges, to whom 
vras referred House bill No. 273, introduced by Mr. Lemon, entitled 
'•a bill to more effectually enforce the Thirteenth Article of the Con- 
stitution." have considered the same, and would respectfully report 
it back to the House of Representatives without recommendation, 
and ask to be discharged from any further consideration of it. 

Which report vras laid upon the table. 

]\Ir. Abbott, by consent, presented a petition from sundry citizens 
of Bartholomew county, on the subject of Temperance. 
Which was referred to the Committee on Temperance. 

i\Ir. Baskirk, from the Committee on Corporations, reported as | 
follows : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill 
No. 120, entitled, " a bill to prescribe the duties of agents of Insur- 
ance Companies," have directed me to report the same back, with 
a recommendation that the same do lie upon the table, for the reason 
that the provisions of the said bill are incorporated in a Senate bill 
now pending in the House. 

Which report was concurred in, and House bill No. 120 laid on the 
table. 



367 

Mr. Buskirk, from tlic Committoe on Corporations, made tlie fol- 
lov/ing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred Senate bill 
No. S, amending the haw for the incorporation of cities, have had the 
same under consideration, and have directed me to report the same 
back, and recommend that it do lie upon the table, for the reason 
that the subject matter is embraced in a Senate bill now pending in 
the House, which amends all the laws relating to cities. 

Which report was concurred in, and Senate bill No. 8 v.-as laid on 
the table. 

Mr. Foulke, from the Committee on Corporations, reported as fol- 
lows : 

Mr. Speaker: 

The Committee on Corporations, to whom wag referred Senate bill 
No. 21, entitled, "an act to amend sections 9, 10, 18, 23, 24 and 33 
of an act entitled 'an act to incorporate the town of Vernon, Jen- 
nings county, Indiana, have had the same under consideration, and 
would respectfully recommend the passage of the bill. 

Which report was laid on the table. 



BILLS INTRODUCED. 



By Mr. Branham 



House bill No. 313. A bill to abolish the ofSces of President and 
Commissioners of the Sinking Fund, transferring said Sinking Fund 
and the management thereof to the Auditor and Treasurer of State^ 
land defining their duties in relation thereto; providing for the in- 
vestment of the Sinking Fund in the stocks of the State ; the exe- 
cution of non-negotiable bonds in certain cases, and for distribution 
:of interest accruing to said Sinking Fund, and declaring an emer- 
igency.' " 

Which was read a first time, laid on the table, and three hundred 
■'copies ordered to be printed. 

Mr. Rice, by consent, ofi"ered the follawing resolution : 

Resolved, That the Lieutenant Governor be requested to send to 



S68 

the House, immediately, a letter written by Charles Butler, of New 
York, to Governor Morton, in relation to the payment or adjustment 
of the State Debt. 
Which was agreed to. 

By Mr. Miller : 

House bill No. 314. A bill to raise revenue, for defraying the 
expenses of the State Government for the year one thousand eight 
hundred and sixty-six ; repealing the second section of an act entitled 
*' an act to raise revenue for State purposes, for the year one thou- 
sand eight hundred and sixty-five, and one thousand eight hundred 
and sixty-six," approved March 2, 1865, and declaring an emergency. 

Which was read a first time and passed to a second reading. 

By Mr, Stringer : 

House bill No, 315, A bill to amend section 104 of an act entitled 
" an act to provide for the valuation and assessment of the real and 
personal property, and the collection of taxes in the State of Indiana, 
for the election of Township Assessors, and prescribing the duties of 
Assessors, Appraisers of real property. County Auditors and Treas- 
urers, and the Treasurer and Auditor of State," approved June 21, 
1852. 

Which was read a first time and referred to the Committee on Fees 
and Salaries. 

Mr. Milroy offered the following resolution : 

Resolved, That the Auditor of State be requested to report to this 
House, as soon as practicable, what amount of money has been paid 
to the State Printer for the year 1865. 

Which was adopted. 

By Mr. Howard : 

House bill No. 316. A bill to amend section 17 of aji act entitled 
" an act to provide for the government and discipline of the State 
Prison, and to repeal an act to provide for the government and dis- 
cipline of the State Prison," approved March 3, 1855, and all other 
laws or parts of lav/s inconsistent herewith, approved February 5, 
1857. 

Which was read a first time and referred to the Committee on State 
Prison South. 



369 

By Mr. Cowgill ; 

House bill No. 317. A bill to jiniend tlie 71st section of iin act 
entitled " an act regulating general elections, and prescribing the 
duties of officers in relation thereto," approved June Vth, 1852. 

Which was read a first time, and referred to the Committee on the 
Judiciary. 

By Mr. Henricks : 

House bill No. 318. A bill to amend the first section of an act 
entitled " an act to incorporate the St. Joseph Iron Company," ap- 
proved January 22, 1865. 

Which was read a first time and passed to a second reading. 

Mr. Lockhart, by consent, made the following report from the Com- 
mittee on Railroads : . 

Mr. Speaker : 

The Committee on Railroads^ to whom was referred Senate bill No. 
206, entitled " a bill supplemental to an act entitled ' an act to author- 
ize, regulate and confirm the sale of railroads, to enable purchasers 
of the same to form corporations, and exercise corporate powers ; 
and to define their rights, powers and privileges ; to enable such cor- 
porations to purchase and construct connecting and branch roads, and 
to operate and maintain the same,' approved March 3d, 1865, and 
for the purpose of making the same more definite and certain," have 
had the same under consideration, and would respectfully report the 
same back and recommend its passage. 

Which report was laid on the table. 

Mr. Lockhart, from the Committee on Railroads, reported as follows : 

Mr. Speaker: 

The Committee on Railroads, to whom was referred Senate bill No. 
211, entitled " a bill supplemental to an act entitled ' an act to incor- 
porate the White River Navigation Company,' approved February 13^ 
1857, and an act entitled ' an act to amend the third section of an 
act entitled ' an act to incorporate the White River Navigation Com- 
pany,' approved February 13, 1851, and to extend the rights and 
privileges of said company,' approved June 16, 1852, and to further 

H. J.— 24 



extend the rights arid privileges of said company," have had the" 
same under consideration, and would respectfully report the same- 
back and recommend its passage. 

Which report was laid on the table. . | 

Mr. Gleason, from the Committee on Engrossed Bills, made the 
following report: 

Mr. Speaker: 

The Committee on Engrossed Bills would respectfully report that 
they have examined engrossed House bill Ko. 285, and find the same 
correctly engrossed. 

Which report was laid upon the table. 

SPECIAL ORDER. ' 

The hour having arrived for the consideration of House bills Kos* 
277, 278, 279, and 280, the same were taken up. 

Mr. Nev,-comb moved to make said bills the special order for the 
day, immediately after House bill No. 285 is disposed of. 

Which was agreed to. | 

House bill No. 285. A bill to provide a State Debt Sinking Fund, 
for the payment of the principal and interest of the War Loan Bonds,! 
and five and two and one-half per cent, stocks of the State therein; 
named; prescribing the duties of the Auditor, Treasurer, and Agenlt 
of State in relation thereto ; providing; for a Clerk of said SinkingI 
Fund, and fixing his salary ; and providing a penalty for the violatiori 
of its provisions, and declaring an emergency for the immediate taking! 
efi"ect of the same. 

Was taken up. 

The question being, shall said bill be read a third time? 

Pending which, 

On motion by Mr. Harrison, 
The House adjourned. 



m 



li O'CLOCK, i-. M = 

i'he Houpe met. 

Mr Hamrick in the Chair. 

Mr. Veach obtained leave of absence on account of sickness, 

SPECIAL OKDER. 

The hour having arrived for the consideration of House bill No. 301 , 

Mr. Brown moved to postpone the consideration of caid bill till 
-:en o'clock to-morrow morning. 
Which was agreed to. 

Pending the adjournment^ was the consideration of House bill, 
No. 285. 

Mr. Newcomb moved that when the House adjourn, it meet again 
at 7 o'clock this evening. 

No quorum voting. 

A message from the Senate by Mr. Wilson, their Secretary. 

Mr. Speaker : 

I am directed by the President of the Sena,te to inform the House 
:of Representatives that the Senate has passed the following engrossed 
;bills thereof, in which the concurrence of the House is respectfully 
p'equested : 

Engrossed Senate bill No. 161, entitled *'a bill requiring the Board 
of County Commissioners in the several counties of the State of In- 
diana to examine the books, papers and vouchers of any officer in 
their respective counties who may be charged with having received a 
greater amount of fees than he is legally entitled to receive, and to 
determine the amount thereof, if any, and to cause suit to be brought 
for its recovery, and declaring an emergency." 

Also, engrossed Senate bill No. 187, entitled " an act to amend 
pections three and fifty-three of an act entitled ' an act to reduce the 
law incorporating the city of Madison, and the several acts amenda- 
;ory thereto, into one act, and to amend the Jsame," approved Febru- 
ary 14, 1848, and declaring an emergency." 



Aiso, engrossed Senate bill No. 208, entitled •' ffn act to provide| 
for the construction of sewers within incorporated towns, defining the, 
powers and duties of the Board of Township Trustees in relation, 
thereto, and to repeal all larrs in conflict therewith." || 

Also, engrossed Senate bill No. 218, entitled '^'an act to amend 
section thirty-three of an act entitled ' an act to repeal all general 
laws now in force for Ehe incorpoi^ation of cities ; prescribe their pov 
ers :snd rights, and the manner in which they shall exercise the same, 
and to regulate such matters as properly pertain thereto/ approvec^ 
March 9, 1857." 

Also, engrossed Senate bill Ko. 214, entitled "a bill to define what 
ofiicers shall be elected by each House of the General Assembly, and ' 
fixinn- their compensation, and repealing all laws inconsistent there. 
With." 

Also, engrossed Senate bill No. 215, entitled "an act to amenc i; 
section seventy-seven of an act entitled ' an act to revise, simplifj i 
and abridge the rules, practices, pleadings and forms in criminal ac|: 
tions in the courts of the State.' approved June 17, 1852, and de^ 
daring when the same shall take effect." 

Also, engrossed Senate bill No. 223, entitled " a bill to authori2< i, 
married women under the age of twenty-one years to join in the cofi 
Veyance of real estate in certain cases, and to repeal all laws am 
parts of laws inconsistent therewith." 

Also, engrossed Senate bill No. 228, entitled " an act to amend r 
act entitled ' an act to provide for the uniform mode of doing towi 
ship business ; prescribing the duties of certain officers connecte 
. therewith, and to repeal all laws conflicting with this act,' approve' { 
February 18, 1859." 

Also, engrossed Senate bill No. 229, entitled " an act supplements 
to an act approved March 5, 1859, authorizing the purchases of rai 
roads, plank roads, and turnpike roads, under mortgage sale, etc." 

Also, engrossed Senate bill No. 225, entitled " an act providing ft 
the taking of depositions of parties to civil actions on their own m 
half, and declaring when the same shall take effect." 

Also, engrossed Senate bill No. 230, entitled " an act in relation i 
the organization of the Senate and House of Representatiyes." 



■373 

Aleo, eiv^rosyod Senate bill No. -34, entitled " an act supplemental 
:;o an act approved June 11, 1852, entitled ' an act for the incorpora- 
tion of towns, defining their powers, providing for the election of the 
officers thereof, and declaring their duties.' " 

\ Also, engrossed Senate bill. No. 230, entitled "an act authoriz- 
ing the sessions of Common Pleas Courts in this State, after the time 
D^f holding Circuit Court, when the time of therr sessions comes in 
iMjnflict, and declaring an emergenc}-.'' 

I Also, Senate bill, No. 241, entitled "an act to amend an araend- 
iaent of an act entitled ' an act in relation to witnesses,' and to repeal 
iiection 238, of article 13, of the act entitled * an act to revise, 
|;implify and abridge the rules, practices and pleadings, and forms of 
actions at law, and to provide for the a^irainistration of justice in a 
miform mode of pleading and practice, Avithout distinction between 
aw and equity,' " approved June 18, 1852, and to repeal all lavv's 
inconsistent therewith, and providing when the act shall take effect 
ind be in force, which took effect and went into force March 17, 1861. 

Also, engrossed Senate bill, No. 244, entitled " an act to amend 
Ln act entitled ' an act providing for the election and qualificalion of 
fl^ustices of the Peace, and defining their jurisdiction, powers and 

[luties in civil cases,' ^' approvQd June 9, 1852. 

I 

Also, engrossed Senate bill. No. 24(J, entitled "an act to repeal 
|he 17th section of an act to incorporate the Firemen and Mechau- 
cs' Insurance Company,''' and declaring an emergency. 

Also, engrossed Senate bill. No. 252, entitled " an act to amend 
he second section of the act for the incorporation of manufacturing 
md mining companies, and companies for mechanical, chemical and 
)uilding purposes, approved May 20, 1852, by extending the provis- 
ons of said section to any companies heretofore incorporated for 
my of the purposes contemplated in said act, and legalizing all con- 
'eyances heretofore received by such companies for such purposes." 

i Also, engrossed Senate bill. No. 251, entitled "an act to amend 
■ection 2 of an act entitled 'an act to provide a treasury system for 
he State of Indiana; for the manner of receiving, holding and dis- 
;)ursing the public moneys of the StatCj and for the safe keeping of ' 
ihe publ'C moneys.' " 



S74 i 

Also, engrossed Senate bill, No. 255, entitled " a bill to amend tne 
second section of an act supplemental to an act entitled ' an act for 
the incorporation of high schools, academies, colleges, universities, 
theological institutions, and missionary boards,' " approved February 
28, ]855, approved March 5, 1859. 

Also, engrossed Senate bill. No. 256, entitled " an act to amend 
the fortieth clause of section 30 of an act entitled ' an act granting 
the citizens of the town of Evansville a city charter,''"' approved 
January 27, 1847. 

Also, engrossed Senate bill. No. 258, eatitled "an act to amend 
section 96 of an act providing for the settlement of decedents'" 
estates, prescribing the rights, liabilities aad duties of officers con- 
nected with the management thereof, and the heirs thereto, and cer- 
tain forms to be used in such settlements," approved June 17, 1852. 

Also, engrossed Senate bill, No. 249, entitled " an act defining the 
powers of companies organized to construct canals for hydraulic pur- 
poses." I 

Also, engrossed Senate bill, No. 261, entitled " an act to amend 
the second and fifth sections of an act entitled ' an act concerning- ! 
the organization of voluntary associations, and repealing former,; 
laws in reference thereto,' " approved February 12,. 1858. 

Also, engrossed Senate bill. No, 262, entitled " an act to make an, 
appropriation to pay the balance of the quota of this State of the- 
expenses of the Soldiers' National Cemetery at Gettysburg, Pennsyl- 
vania, as assessed by the Board of Managers of said association." 

Also, engrossed Senate bill, No. 268, entitled " an act to invest 
the Circuit Courts of this State with exclusive original jurisdiction 
in applications for divorces, and to prescribe the terms upon which 
divorces may be granted, in cases where the causes of divorce relied 
on occurred elsewhere than in this State." 

Also, engrossed Senate bill, No. 269, entitled " an act to require 
County Auditors to make examination of the records in their offices 
in relation to school funds, and make report, and declaring an emer- 
gency." 

Also, engrossed Senate billj No. 2T2, entitled " a bill to amend the' 



375 

twelfth section of an act entitled ' an act to provide for a general 
system of common schools, the officers thereof, aud their respective 
powers and duties, and matters properly connected therewith, and 
prescribing the fees for certain officers therein named, and for the 
establishment and regulation of township libraries, and to repeal all 
laws inconsistent therewith, providing penalties therein prescribed.' " 

Also, engrossed Senate bill, No. 290, entitled " an act concerning 
school houses, and defining who shall occupy and control them.'" 

Also, engrossed Senate bill. No. 216, entitled " an act to repeal 
sections 43 and 44 of an act entitled ' an act prescribing who may 
make a v/ill, the effect thereof, what may be devised, regulating the 
revocation, admission to probate and contest thereof,' " approved 
May 31, 1852. 

Also, engrossed Senate bill, No. 212, entitled "an act. to amend 
section 23 of an act entitled ' an act for the incorporation of insur- 
ance companies, defining their powers and prescribing their duties,' " 
approved January 17, 1852. 

Also, Engrossed Senate bill No, 156, entitled, an act to amend the 
14th section of an act entitled, " an act to limit the number of Grand 
Jurors, and to point out the manner of their selection, defining their 
jurisdiction, and repealing all laws inconsistent therewith," approved 
March 4, 1*852 ; and to change the oath of Grand Jurors. 

Also, Senate Joint Resolution No. 15, entitled "a joint resolution 
requesting our Senators and Representatives in Congress, to adopt 
some more efficient mode of adjusting soldiers claims." 

Also, Engrossed House bill No. 78, entitled, " a bill to provide for 
the sale of certain lands belonging to the State of Indiana, in the 
counties of Jasper and Newton, and to give pre-emption to actual 
settlers thereon." 

Also, Engrossed House bill No. 106, entitled, " a bill authorizing 
the construction of warehouses for the inspection, storage and sale 
of tobacco." 

Also, Engrossed House bill No. 47, encitled, "a bill to increase the 
powers of the Board of Sinking Fund Commissioners, and to author- 
he said board to loan any moneys belonging to said fund, in Indiana 



376 

State Bonds, or Stocks, and providing for the cancelling of such 
bonds or stocks, and the re-issuing of new non-negotiable bonds or 
stocks, payable to said fund." 

Gn motion by Mr. Griffith, the House adjourned. 



SATURDAY MORNING, 9 o'clock, } 
December 9, 18G5. J 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Bird, Bonner, Boyd, Branham, Brown, Burns, Buskirk, 
Caldwell, Chambers, Coffroth, Cook, Cox, Crook, Davidson, Ferris, 
Foulke, Glazebrook, Gleason, Goodman, Griffith, Gregg, Gregory of 
Moutgonj^ry, Gregory of Warren, Groves, Hargrove, Hamrick, Har- 
rison, Henricks, Hogate, Hoover, Humphreys Hunt, Kilgore, Lane, 
Lassello, Lfcraon, Litson, Lockhart, Lopp, Meredith, Miller, Milroy, 
Montgomery, McVey, Olleman, Osborn, Perigo, Prather, Rhoads, 
Rice, Richards, Richardson, Riford, Sabin, Shuey, Sim, Spencer, 
Stewart, Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of P. 
and v., Trusler, Weikel, Welch, White, Wright, AVoods, Zeigler and 
Mr. Speaker. 

A quorum being present, a further call of the House was dispensed 
with. 

The Clerk proceeded to read the Journal of yesterday, when, 

On motion by Mr. Hamrick, 
Its further reading was dispensed with. 



377 

REPORTS FROM COMMITTEES. 

I Mr. Ilamrick, from the Committee on Corporations, made the 
folloAving report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill 
No. 302, entitled "a bill to amend section 14 of an act authorizing 
the construction of plank, macadamized and gravel roads," approved 
May 12,' 1852, have had the same under consideration and have 
directed me to report the same back to the House and recommend its 
passage. 

Which report was laid on the table. 

Mr. Hamrick, from the Committee on Corporations, made the 
Ifollowing report : 

Mr. Speaker : 

The Committee on Corporations, to whom was referred House bill 
No. 312, entitled " a bill to amend section 1 of an act entitled an act 
to amend section nine of an act entitled an act to amend, section 2 of 
an act entitled an act concerning the organization of voluntary 
associations and repealing former laws in reference thereto," approved 
February 12, 1856, approved March 9, 1861, approved February 10, 
1863, have had the same under consideration, and have directed me 
to report the same back to the House wi^h the following amendment, 
and upon the adoption of which, they recommend its passage : Insert 
after the ninth clause a tenth clause, " to erect and maintain public 
ferries." 

Which report was laid upon the table. 

Mr. Humphreys, from the Committee on Fees and Salaries, made 
the following report : 

Mr. Speaker: 

The Committee on Fees and Salaries, to whom was referred House 
bill No. 315, have had the same under consideration and a majority 
of said Committee have instructed me to report the same back and 
recommend that the same be amended by striking out " ten per 
centum," where it occurs, and inserting '' five per centum," and when 
so amended recommend its passage. 

Which report was laid on the table. 



378 

Mr. Bonner, from a special committee, made the following majority 

report : 

Mr. Speaker: 

The Special Committee, to whom was referred Senate bill No. 66, i 
have considered the same and a nvgoiity of said Committee have 
directed me to report said bill back to the House and recommend its 
passnore without amendment. 

Which report was laid on the table. 

Mr. White, from the same Committee, made the following minority 

report : ' , . 

Mr. Speaker : ■ 

The minority of the Special Committee, to whom was referred 
Senate bill No. 66, entitled " an act to fix the time of holding the 
Common Pleas Courts in the several Counties of this State, creating, 
a new District for the election of a Judge therein, the duration 
thereof," &c., have had the same under consideration and do hereby 
respectfully dissent from the views of the majority of said Committee, 
as set forth in their report, believing it unnecessary to make two Dis? 
tricts out of one, which is but an average i,u size, and imposing the 
burthen of taxation on the same, to pay the salaries of two Common i 
Pleas Judges, at fifteen hundred dollars per annum each, for discharg- 
ing the same duties heretofore incumbent upon one, at a salary of one 
thousand dollars per annum. In view of these considerations, the 
minority of said Committee recommend that said report be indefinitely 
postponed. 

Which minority report was laid on the table. 

Mr. White from the special committee on Senate bill No. 205, made 
the following Report: 

Mr. Speaker: 

The special committee to whom was refered Senate bill No. 205, 
entitled an act to fix the time of holdingr the Circuit Court in the 
several counties composing the 7th Judicial Circuit, and repealing all ' 
laws in conflict therevtrith, have had the same under consideration, and 
have directed me to report the same back with the following amend- 
ment and. when so amended recommeud its passage. 



Amend section one by striking out in the 27th line of said section^ 
the word "two'' and insert "three." 

Which report and amendment was laid on the table. 

Mr. Kilgore from a special committee on House bill No. 305, made- 
the following report : 

Mil. Speaker : 

The special committee to which was referred House bill No. 305, en- 
titled "an act creating the 14th Judicial Circuit and designating what 
counties shall constitute the 7th and 13th Judicial Circuits, and fixing 
the times of holding Courts in each of said Circuits, has had the same 
under consideration and have directed me to report the same back 
and recommend its passage. 

Which report was laid upon the table. 

A message from the Senate by its Secretary, Mr. Wilson. 

Mr. Speaker: 

I am directed by the President of the Senate, to inform the House 
of Representatives that the Senate has passed the following engrossed 
b^s thereof, in which the concurrance of the House is respectfully 
requested. 

Engrossed Senate bill No. 289, entitled ' an act to provide for the 
acknowledgement of the execution of official bonds, and to declare the 
effect and obligation of such bonds as between the obligors and the 

State." 

Also, engrossed Senate bill No. 300, entitled an act to amend the 
fifth section of the act entitled "an act providing for an organization 
of Circuit Courts, the election of Judges thereof and definins; their 
powers and duties," approved June 1, 1852. 

On motion, by Mr. Meredith, Mr. Cook obtained leave of absence 
on account of sickness. 

Mr. Lockhart, from the Committee on Railroads, made the follow- 
ing report : 

Mr. Speaker : 
The Committee on Raikoads, to whom was referred House bill No. 



380 

217, entitled "an act compelling Railroad Companies to transport all 
freights of whatever nature which may accumulate along the line of 
'Jieir respective roads, declaring that one class of freights shall not 
have precedence over any other class, prescribing penalty and 
'declaring an emergency," have had the same under consideration, 
and would respectfully report the same back and recommend that it 
be indefinitely postponed. 

Mr. CofFroth moved to recommit the report and bill with the follow- 
ing instructions: Commit the bill to the Committee on the Judiciary 
with instructions to inquire into the powers of the Legislature to 
effect, by general legislation, the franchises of any of the Railroads 
of the State, and to report, if they deem it competent for the Legisla- 
ture, a proper bill upon the subject. 

Mr. Lane moved the previous question. 
Which was seconded by the House, 

The question being shall the main question be now put? 

It was so ordered. 

The question being on the motion of Mr. Coffroth, to recommit 
with instructions. 

Messrs. Reese and Griffith demanded the ayes and noes. 

Those who voted in the aflSrmative were 

Messrs. Bird, Boyd, Branham, Brown, Burnes, Buskirk, Church, 
Ooffroth, Crook, Gleason, Harison. Hoover, Humphreys, Hunt, Lane, 
Lemon, Lockhart, Meredith, Montgomery, Richards, Riford, Sabin, 
Shoaff of Allen, Shuey, Spencer, Stewart, Sullivan of P. and V., Welch 
and Wright — 29. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Caldwell, Chambers, Cowgill, Cox, 
Davidson, Dunham, Ferris, Foulke, Glazebrook, Goodman, Gregg, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, 
Hamrick, Hargrove, Henrieks, Higgins, Hogate, Kilgore, Litson, 
Lopp, Miller, McVey, Newcomb, Olleman, Osburn, Perigo, Pinney, 
Prather, Rhoads, Shoaff of Jay, Sim, Stuckey, Trusler, Upson, 
Weikel, White, Woods and Mr. Speaker— 43. 

So the motion to commit did not prevail. 



381 * 

The question being an concurring in the report of said committee-. 
Messrs. Prathrr and Griffith demande-:! the ayes and lioes. 

Those who voted in the affirmative were, 
Messrs. Bird, Boyd, Burnes, Lockhart, Sabin, and Shoaff of Jajr 

Those who voted in the negative were, 

Messrs. Atkinson, Branham, Chambers, CofFroth, Cowgill, Oox^ 
Crook, Davidson, Dunham, Karris, Foulke, Glazebrook, Gleason^ 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren^ 
Griffith, Grotes, Hamrick, Hargrove, Harrison, Henricks, Higgins^ 
Hogate, Hoover, Humphreys, Hunt, Lane, Lemon, Litson, Lopp, 
Meredith, Miller, Montgomery, McYey, Newcomb, Olleman, Osborn,. 
Perigo, Prather, Reese, Rhoads, Richards, Riford, ShoafF of Allen, 
Shuey, Sim, Spencer, Stewart, Stringer, Stuckey, Sullivan of P. and 
Y., Trusler, Upson, Weikel, Welch, White, Wright, Woods, Zeigler 
and Mr. Speaker — 61. 

So the report was not concurred in. 

THE SPECIAL ORDERS OF THE DAT. 

Mr. Brown called for the special order, being House bill No. 301. 

Mr. Brown moved to postpone said bill, and make it the special 
order of the day for Tuesday next, at 10 o'clock, A. M. 
Which was agreed to. 

Mr. Chambers, from a select committee, made the following report : 

Mr. Speaker: 

The select committee to whotn was referred varioos bills, petition? 
and propositions relating to the location of the Agricultural College, 
have had the same under careful consideration, and a majority of the 
committee have directed me to report back House bill No. 6, with a 
recommendation that the same be stricken out from the enacting 
clause, and that the accompanying bill be inserted in lieu thereof: 
and when so amended, they recommend its passage. 

A bill providing for the location and government of the State- 
Agricultural College, the management of its funds and property, and 



• 382 

for the Essignment of its land scrip, and the locating of tlie sam^l 
upon lands of the United States, and for the disposition and manage- 
ment of said lands. 

That there^shall be established, organised and put into operation 
a, Colleo'e, to be denominated " The Indiana State Agricultural 
'College," The leading object of which shall be, to teach such 
branches of learning as are related to Agriculture, the Mechanic 
Arts, and Military Tactics, and such other scientific and classical 
studies as the General Assembly or Trustees may from time to time 
-direct, and in such manner as the Legislature may prescribe, in order 
to promote the liberal and practical education of the industrial classes 
in the several pursuits and professions of life. And the same is 
hereby located at Bloomingion, Monroe county, Indiana, in connec- 
tion with the Indiana State University; upon condition that the citi- 
zens of said county shall, within three months from the passage of 
this act, convey to the Trustees of said College, by general warranty 
deed, a farm of one hundred and sixty acres of land, in the vicinity 
of the building of said State University; and also donate to said 
Trustees the Geological and Mineralogical Cabinet of the late Dr, 
David Dale Owen, of New Harmony, Indiana. The compliance upon 
the part of said citizens of said county of Monroe, in so conveying 
said lands and donating said collection^ shall be certified. to the Gov- 
ernor of the State of Indiana, by said Trustees, and the said Governor 
shall, within ten days after receiving said certificate from said Trus- 
tees, issue his proclamation, announcing the fact that said citizens of 
Monroe county have complied with the terms of this act, in reference 
to said grant and donation as aforesaid; and that said location of 
said Agricultural College is made complete and perfect. 

Sec. 2. The Trustees of said College shall consist of the Trustees 
of the Indiana University, increased to the number of thirteen, so 
that there shall be one Trustee from each Congressional District 
within the State, and two resident Trustees within the said county of, 
Monroe. 

Sec. 3, Said Trustees shall be as follows, to -wit : From First 

Congressional District, -; Second District, Winstandly;^ 

Third District, Newton F. Mallott ; Fourth District, — — 

Fifth District, — ; Sixth District, William Hannaman;i 

Seventh District, William K. Edwards ; Eighth District, Samuel C. 
Wilson; Ninth District, — — ; Tenth Districty- — ■ — «- — - 



383 

Eleventli Distiict, — — -— ^ ; from Monroe county, James I). 

Maxwell nnd Nathaniel C. Browning. Said Trustees shall be classi- 
ified into four Classes, as follows: those from the First, Fourth and 
; Seventh DistT'icts, shall constitute the First Class; those from the 
i Second, Fifth and Eighth Districts, the Second Class; those from 
ilhe Third, Sixth and Ninth Districts, the Third Class; and those from 
the Tenth and Eleventh Districts, and the resident Trustees from 
Monroe county,, the Fourth Class. And their terms of service shall 
expire as follows : First Class within two ; Second Class within three ^ 
Third Class within four ; and Fourth Class within five years from the 
passage of this act. All vacancies which shall occur in said Board 
of Trustees shall be filled by appointment by the State Board of 
Education, and shall continue as follows : when made to fill vacancies 
by reason of the expiration of term of service, shall be for four years; 
in all other cases shall be for the unexpired term of service of the 
Trustee whose vacancy is filled, so that one class of said Trustees 
shall go out annually. Said Board of Trustees shall meet at said 
town of Bloomington, at each regular commencement of said State 
University, and shall meet there at such other times as they may be 
notified, whenever the President of said Board, and the resident 
Trustees of said county of Monroe shall deem a meeting necessary 
for the benefit of said University or College Any Trustee failing 
to attend the meetings of said Board, shall forfeit and pay the sum 
of twenty- five dollars, unless his excuse for non-attendance shall be 
deemed sufficient by said Board ; the same to be collected by said 
Board and paid into the University Fund, to be applied by said Board 
as they may deem best for the interests of said University. Any 
seven of said Trustees may constitute a quorum for the transaction 
of business. Said Trustees, before entering upon the discharge of 
their duties as such, shall severally take an oath or aSirmation to 
support the Constitution of the United States, and the Constitution 
of the State of Indiana, and that they will faithfully and honestly 
discharge the duties of their office. 

Sec. 4. All land script which may hereafter be received by the 
State of Indiana from the General Government by virtue ot an act 
of Congress, approved July 2, 1862, entitled "an act donating land 
to the several States and Territories which may provide colleges for 
the benefit of agriculture and mechanic arts, shall be assigned by 
the Auditor of State for the State of Indiana to the Trustees of said 
State University, to be by them located as soon as the same can 
properly be done upon such public lands of the United States as may 



384 

be subject to such location, as said Tru'^tees may select, in pursuance 
of the provisions of said act of Congress," approved July 'J, 18G2 as 
aforesaid, which lands after the same are located, as aforesaid .shall 
be sold by said Trustees in lots not less than forty acres, each upon a 
credit of ten years for a sum not less than one dollar per acre, 
requiring the purchaser to pay at least six per cent, interest per 
annum. The first years interest to be paid in advance and the residue 
of interest to be paid annually, upon the full price of the purchase 
money for each lot so sold as aforesaid, which interest and principal 
said Board of Trustees shall collect and pay the same into the State 
Treasury as moneys are now paid in, as fast as the same shall be 
collected, keeping an acurate account of the same. The Auditor of 
State shall keep seperate accounts of said principal and interest and 
keep them seperate from all other funds, said Auditor shall convert 
the principal of said funds as fast as the same shall be paid into the 
State Treasury of said Trustees as aforesaid, into stocks of the United 
States, yielding not less than six per cent, per annum, which princi- 
pal shall constitute a perpetual fund, the capital of which shall 
remain forever undiminished, and for the loss of which or any partii 
thereof the State of Indiana shall be responsible, said Auditor of 
State shall draw the interest upon said bonds or stocks as fast as the 
same shall become due, keeping an accurate account thereof and shall 
pay the same into the Treasury of the State for the use of said college. 
The interests arising upon the sale of said lands, as also that upon 
said stocks, shall be expended by said Board of Trustees to the 
s^upport and maintenance of said college as to them may seem best in' 
accordance with the provisions of said act of Congress, approved 
July 2, 1862 as aforesaid, said Treasurer of State shall pay out said' 
interest as aforesaid, upon the proper warrents of said Auditor ol 
State, as the interest upon the fund of said University is now paid' 
out. 

Sec. 5. In the selection and location of said lands as aforesaid) 
said Board of Trustees shall designate one or more of their number, 
not exceeding three, who shall, at as early a period as possible, seled 
and locate said land for the best interests of said college, and make 
out two accurate plats of the same, one of which plats shall be fileo * 
with said Board of Trustees, and the other shall be filed with the 
Auditor of State, and they shall, after giving notice in such public 
journals in the United States as said Board of Trustees may deen 
best, not exceeding ten in number, proceed to sell said lands with as 



385 

little delay as the best interests of said college will permit, upon the 
terms herein before prescribed and, shall execute to each purchaser a 
certificate of purchase for all lands sold him, conditioned for the 
payment of the principal and interest as herein before stated, as also 
all taxes that may thereafter accrue thereon, and on failure to make 
either or all of said payments as aforesaid to forfeit said land and 
all payments made thereon together v/ith twenty-five per cent, as 
liquidation damages upon the full amount of purchase money to be 
collected by said Board of Trustees by suit or otherwise. All 
forfeited lands as aforesaid shall be sold again as other lands are sold, 
said Board of Trustees, shall make provision for the execution of 
deeds, of general warranty to all purchasers of said lands their heirs, 
executors or assigners whenever the same shall be paid for in full, 
and not otherwise, monthly reports shall be made under oath by said 
Trustees so selected to locate and sell said land as aforesaid, of all 
sales made by them of said lands, giving the terms of sale, and the 
amount of money received by them, one copy of which, each month, 
shall be filed with said Board ot Trustees, and one copy with said 
Auditor of State. Said Auditor of State shall carefully preserve all 
reports made to him by said Trustees as aforesaid in this act, and 
shall lay certified copies of the same, from time to time, as they are 
made, before the Legislature at the commencement of its session 
next thereafter. And said Board of Trustees shall in addittion to 
iheir other reports, report annually to the Governor of the State, the 
imount of said lands sold each year, the price realized therefor and 
;he amount of interest received until all of said lands are sold and 
ihe purchase money therefor is collected and the Governor shall lay 
iaid reports before the Legislature at the commencement of its session 
lext thereafter. 

All expenses in the selection, location and sale of said lands, as 
dso all taxes which may become due on said land prior to their sale, 

I ihall be paid out of the State Treasury upon proper warrants as other 
noneys are paid. The trustees so appointed to make said selection 
md location of said lands, and to sell the same, shall receive for 
heir services, five dollars per day, together with all necessary trav- 
lling expenses. Their accounts for said services shall be made out 
a writing quarterly, accurately stating the number of days engaged 
»y each, and the amount of their traveling expenses, which accounts 

i hall be sworn to, and the oath shall state, that no more time was 
ixpended, than was really necessary in the transaction of the busi- 
H. J.— 25 



386 I 

ness entrusted to them, and that no more money was charged for 
expenses, than was actually paid out; which accounts shall be filed 
with said board of Trustees, and if approved by them, shall be for- 
warded to the Auditor of State with the recommendation that the 
same be paid, and said Auditor of State shall draw his warrant upon 
the Treasurer of State for the amount, and the same shall be paid 
by said Treasury of State, out of the funds of the State as herein 
provided. Said Board of Trustees shall secure for all the other ser- 
vices, such pay as is now provided by law to the Trustees of said 
university, the same to be apportioned by them, and paid out of the 
interest arising from said university and college funds, as to said 
Board of Trustees may seem just and proper; said Trustees, so 
selected as aforesaid, to make sale of said lands, shall, before mak- 
ing any such sales, execute separate bonds in the penal sum of sev- 
enty-five thousand dollars, each payable to the Indiana University, 
conditioned to be void upon the faithful performance of the duties ini 
the trusts reposed in them. 

Sec. 6. Said Board of Trustees in selecting their President, Sec- 
retary and Treasurer, and in doing all other acts, shall be governed 
by the laws now in force, governing the Indiana University, except 
as in this act provided. 

Sec. 7. Said Board of Trustees shall, in their corporate capacity, 
have power to receive and hold for the use and benefit of said college, 
all gifts, grants or donations of every species of property whatsoever, 
whether real, personal or mixed, and to make such disposition of the ' 
same, as to said board may seem for the best interests of said col 
lege. Said board shall set apart such of the grounds and building ' 
of the State University at Bloomington, Monroe county, Indiana, a 
may not be required for the use of said University and the la\ 
department connected therewith, and use the same for said college 
and from time to time make such changes in the same, as in thei 
judgment, will be for the best interests of said University, lav 
department and college, as will best promote the interests of all an( 
injure neither. 

Sec. 8. Said Board of Trustees are hereby vested with full powe 
to transact all business directly or indirectly, which may be require' 
of them, in order to carry this act into full force, and which may b 
necessary, in order to receive all benefits which can possibly arise b 
virtue of said act of Congress, approved July 2, 1862, as aforesaid. 



387 

Sec. 9. So soon as sufficient funds can be realized by the interest 
on the sale of lands as hereinbefore stated, or on said stocks as afore- 
said, said Board of Trustees shall select and appoint such suitable 
Professors and Instructors for said College as in their judgment may 
be necessary to teach in all the various departments, as required by 
said act of Congress, approved July 2, 1862, as aforesaid, and to pay 
them such reasonable salaries as in their judgment will be sufficient 
to command the ablest and most experienced teachers and professors 
in their respective departments. 

Sec. 10. Such Professors and Instructors, together with the Presi- 
jdent of the Indiana University, who shall also be President of said 
College, shall be styled the Faculty of the Indiana State Agricul- 
tural College. The Trustees, as aforesaid, shall prescribe the gene- 
.ral duties of said President, Professors and Instructors, and make 
isuch other regulations in connection with said University, so that 
jaid University and College may in all things work harmoniously 
-ogether, as in their judgment will be for the besc interests of both ; 
and, also, to make provision for the conferring of literary and scien- 
ific degrees in said College, and the evidencing of the same by 
)rop'|!r diplomas. 

Sec. 11. Tuition in said College shall be free ; and said Board of 
.Vustees shall make provision whereby all students attending said 
Jniversity and College shall have the mutual benefits of each, and 
hall see that all arrangements, so made by them, are strictly corn- 
died with, so that the greatest possible amount of good may be 
eceived by each student attending said University and Colleo-e. 
, Sec. 12. No religious qualification shall be required of any Trus- 
36, officer, or student, as a condition for admission to any privilege 
,1 said College or University, and no sectarian tenets shall be incul- 
ited by its Professors or Instructors. 

Sec. 13. The Trustees shall prepare and make an annual report 
F the progress of the College, and of the general administration of 
le trust, in which, together with the names, residences, and classi- 
3ation of the students, they shall record any discoveries, improve- 
ents, or interesting experiments made under the auspices of said 
oUeges, with their costs and results, and such other matters as are 
^emed of sufficient importance, including State, industrial, and eco- 
)mical statistics, which report shall be made to the Governor of the 
;ate, who shall cause five thousand copies thereof to be published 
r the use of the people of the State ; and a copy shall be by him 
ansmitted to each of the other Colleges which may be endowed in 



388 

a similar manner by said act of Congress, and a copy to the Secre- 
tary of the Interior of the United States of America. 

Sec. 14. Said Trustees shall make such provisions from time to 
time, in reference to the care and management of the farm, which 
the citizens of said county of Monroe may hereafter deed to them as 
aforesaid, as to require the same to be preserved for said College in 
the best possible manner, and to require all experiments to be made 
by said Faculty, Instructors and students of said College in reference 
to agriculture and the mechanic arts, as in their judgment will fully 
carry out the intentions and provisions of said act of Conjiress of 
July 2d, 1862, as aforesaid, so as to make the same most beneficial 
and useful to said State. 

Sec. 15. The Governor, Lieutenant Governor, Speaker of the 
House of Representatives, Judges of the Supreme Court, Superin- 
intendent of Public Instruction, President and Secretary of the State 
Board of Agriculture, shall be a Board of Visitors for said College, 
any three of whom shall form a quorum for business, and they shal ; 
visit said College at its regular annual commencement. 

Sec. 16. Such Board of Visitors shall examine the propriety o 
the College, its farm, its stock and implements of agriculture, it 
course of study, discipline and training, its finances, and the genera 
manatjement of the trust committed to the Trustees. They shal 
recommend such changes as they may think beneficial. The book 
and accounts of the Trustees, and of the College, shall be open fc 
their inspection, and they shall report the result of their examim f 
tion to the Governor, who shall lay the same before the Genera ' 
Assembly at its next regular session. 

Sec. 17. Said Board of Trustees, in their corporate capacity, she ] 
have full power to sue and be sued, in reference to all matters 
•every kind and description whatever, affecting said Indiana Sta 
Agricultural College, which may, or can, arrise under this act or sa 
act of Congress of July 2d, 1862, as aforesaid, as they may or c 
for all matters relating to the Indiana University, by virtue of the 8. 
of the General Assembly of the State of Indiana, approved June Ij 
1852, entitled "an act providing for the government of the Stf 
University, the management of its funds, and for the disposition 
the lands thereof," and said Board of Trustees, in the management a 
government of said College, shall be controlled in all aattera by II 
provisions of said act of the General Assembly, approved June 
1852, as aforesaid, whenever the same is applicable and does 
conflict with this act. -i ' , 



389 

Sec. 18. No part of the priucipal of said fund belonging to said 
College, or the interest arising therefrom, shall be taken, kept or in 
any manner appropriated by any oflBcer, or person, as fees or charges 
for the management, disbursement or safe keeping of said principal 
and interest, or either of them, except as in this act provided. 

Sec. 19. All laws inconsistant with this act, are hereby repealed. 
I Sec. 20. It is declared that an emergency exists for the immedi- 
ate taking effect of this act, and the same shall be in force from and 
after its passage. 

Mr. Buskirk moved to make the bill the special order for the day 
for Tuesday morning next at 10 o'clock. 
Which was agreed to. 

SPECIAL ORDERS FOR THE DAY. 

Mr. Newcomb, by consent, called up House bills Nos. 277, 278, 
.279 and 280. 

On motion by Mr. Newcomb, said bills were made ^the special 
)rder of the day for Monday next at 2 o'clock, P. M. 

The hour having arrived for the consideration of House bill No. 
'285, the same was taken up. 

House bill No. 285. A bill to provide a State Debt Sinking 
^'und, for the payment of the principal, and interest of the War Loan 
5onds, and five and two and one-half per cent, stocks of the State 
herein named ; perscribing duties of the Auditor, Treasurer, and 
\gent of State, in relation thereto ; providing for a Clerk of the Sink- 
ng Fund, and fixing his salary, and providing a penalty for the 
'iolation of its provisions, and declaring an emergency, for the immo- 
late taking effect of the same. 

The question being shall the bill be read a third time ? 

On motion, by Mr. Brown, 
The House adjourned. 



390 



2 o'clock p. m. 

The House met. 

Mr. Henricks in the Chair. 

The Speaker laid before the House the following communication 
from the Warden of State Prison North : 

Northern Indiana State Prison, \ 
Michigan City, Dec. 4th, 1865. j .' 

To the Honorable Members of the House of Representatives : 

I have the honor to report to your honorable body my answer to 
your resolution of the 2l)th of November, 1865, to-wit: 

"That the Warden of the State Prisons respectively, be instructed 
to report to this House as early as possible." 

'"First. The average expense per day for provisioning each pris- 
oner in their charge, during the month of October last." 

In reply I would respectfully state that the average expense per 
day for provisioning each prisoner, under my charge during the 
month of October last, was twenty-two and one-fifth cents." 

'"'■Second. The average number of days each prisoner, working] 
under contract, has labored for the months of August, September, and 
October 1865." 

In answer I would respectfully state that the average number of i 
days each prisoner labored in the month of August 1865, was twenty- 
five days, in the month of September, 1865, was twenty-four and' 
one-seventh days, and in the month of October, 1865, twenty-four; 
and one-third days. 

" Third. A copy of contract under which their prisoners are now 
working ; also, copies of contract for use of motive power used in 
prison." 

I hereby append copies of contract under which the prisoners are 
now working, to-wit: Contract with Jones, Chapin & Co., marker 



391 

(A) ; contract with Murray & Lander, marked (B). The contract 
for use of engine, the only motive power belonging to the prison, is 
included in the contract for prison labor, with Jones, Chapin & Co., 
marked (A), 

All of which is most respectfully submitted by 

Your obedient servant, 
(Signed) THOS. WOOD, 

Warden Northern Indiana State Prison. 

[A] 

COPY OF CONTRACT WITH JONES, CHAPIN & CO. 

This Agreement made and entered into this 1st day of April, 
1864, by and between James II. Swaar, Thomas Tigar and R. S. 
Hastings, acting Board of Control of the Northern Indiana State 
Prison, located at Michigan City, in the State of Indiana, of the 
first part, and Francis E. Jones, of Chicago, Volney Chapin, Sen., 
of Ann Arbor, in the State of Michigan, and Volney Chapin, of 
Chicago, doing business under the name and firm of Jones, Chapin 
& Co., of the second part: 

Witnesseth, That the party of the first part, acting Board of Con- 
trol aforesaid, have this day leased and let to the party of the second 
part, the following number of convicts, and in the following manner, 
to-wit: The party of the second part are to have thirty or more 
hands or convicts, (that have been heretofore employed by Messrs. 
Hayward & Dewolf,) and other convicts that may come to the prison, 
as the Warden and the party of the second part may agree, for the 
term of four (4) years from the date of this contract, at the price of 
Jseventy-six (76) cents each per day ; and, further, that the Warden 
of the prison shall furnish a guard to see to s;iid convicts ; and, fur- 
ther, that the foreman, furnished by the party of the second part, 
jshall keep an exact account of the time of the convicts, and shall 
jcompare, each night, with the guard, who shall also keep an account; 
iand said account of work and overwork shall be rendered to the Clerk 
of the prison, at least at the end of each month. The party of the 
second part shall put up all their own machinery, excepting the en- 
gine, which shall be furnished by the party of the first part ; but the 
party of the second part shall keep the engine in good repair, and, 
.should any accident happen, shall repair it as soon as possible. The 
party of the first part shall furnish a fireman or helper. In taking 



392 

in men that are not coopers, the party of the second part shall pay, 
for the first month, thitty-eight cents per day ; for the second month, 
fifty-seven cents per day, and for the third month, seventy-six cents, 
or full price, per day ; and, further, that the task per day for said 
convicts is not to be made by the party of the second part without 
consulting the Warden. The foreman, furnished by the party of the 
second part, shall be subject to be discharged by the Warden for the 
violation of any of the prison rules ; and, at the end of each month, 
the Clerk of the prison shall make out a bill for the work and over- 
work done during eada month, and, when said bill shall be presented 
to the party of the second part, they shall pay the same immediately. 
The party of the first part are to board and clothe said convicts, at 
the expense of the State ; and, further, that the party of the second 
part shall have the engine and room at two dollars and fifty cents per 
day ; also, the west brick building, and room in the prison yard to 
put such of their materials as may be directed by the Warden ; and, 
that in the working of said convicts, they shall be worked within the 
walls of said prison, and under the control, rules, and discipline now 
governing said prison convicts, or which may be hereafter adopted 
by the said Board of Control ; and the guards that shall be put over 
said convicts shall be appointed by the Warden of said prison, or he 
may be detailed from the regular guards of said prison. 

The party of the second part agree to pay full time for the workJ 
ing days of each month, whether they shall furnish employment for 
said convicts or not, unless the convict is sick or disabled in some 
way, and in that case, or while the convict is sick or disabled, the 
party of the second part shall not pay. And it is further agreed 
that when any of said convicts shall have acquired a suflicient knowl- 
edge of the coopering business, (or any other business carried on by 
the party of the second part), to be allowed tasks, by section 11 of 
the GeneVal Laws of Indiana of the acts of 1857, approved March 7, 
of said year, that they, the convicts, shall have tasks, and be paid a 
compensation for their overwork that shall be agreed upon by the 
Warden and the party of the second part ; and it is further agreed 
that if anything transpires, during the four years, that the State 
may want to go on with the improvements of said priaon, that the 
party of the first part shall have the privilege of withdrawing all the; 
convicts from the party of the second part, down to the number of 
thirty, and that the party of the second part shall have the privilege 



393 

of retaining such convicts as they choose, to the number of thirty 
aforesaid. 

In witness whereof the parties have hereunto set their hands and 
seals the day and year first above written. 

(Signed) V. Chapin, 

Francis E. Jones, 
V. Chapin, Jr. 

Knoiv all men by these presents, That we, Francis E. Jones, of 
Cliioago ; Volney Chapin, Sr., of Ann Arbor, Michigan ; Volney 
Chapin, of Chicago, and Daniel S. Depue, of Valparaiso, Indiann, are 
held and firmly bound unto James H. Swaar, Thomas Tigar, and R. 
S. Hastings, acting Board of the Northern Indiana State Prison, in 
the sum of three thousand ddlars, for the payment of which we do 
hereby bind ourselves, our heirs, executors, and administrators and 
assigns. Sealed with our seals and dated this first day of April, 
1864. 

' The condition of the above obligation are such that, whereas, 
Francis E. Jones, Volney Chapin, Sr., Volney Chapin and Daniel S. 
Depue, have this day entered into an agreement with James H. Swaar, 
Thomas Tigar, and R. S. Hastings, acting Board of Control of the 
Northern Indiana State Prison, to hire or work thirty (30) or more 
convicts of said Prison, for the term of four years ; and to do and 
perform certain other items mentioned in said contract. Now, if the 
said Francis E. Jones, Volney Chapin, Sr., Volney Chapin and Daniel 
S. Depue, shall and do perform in each and every particular as set 
forth in contract aforesaid, then this obligation is to be null and void; 
otherwise to be and remain in full force and virtue. 

(Signed) V. Chapin, 

Francis E. Jones, 
V. Chapin, Sr., 
Daniel S. Depue. 

copy of contract with murray & landon. 

This Agreement, made and entered into this first day of Decem- 
berj A. D. 1864, between James H. Swaar, Thomas Tigar, and R. S. 
Hastings, acting Board of Control of the Northern Indiana State 
Prison, at Michigan City, in the State of Indiana, of the one part, 



394 

and Elijah Murray and Rufus W. Landon, of the City of Niles, in 
the State of Michigan, of the other part : 

Wituesseth, That the said Board of Control have this day leased 
and let to the said party of the second part, the following number of 
convicts, and in the following manner, to-wit : the party of the second 
part are to have the privilege of selecting such of the mechanics that 
are now among the convicts in said Prison, to the number of fifteen, 
for which they are to pay the party of the first part seventy (70) cents 
each per day; and further, that the party of the second part are to 
take common laborers as follows: for the first month they (the said 
convict laborers,) are to receive thirty-five (35) cents per day each; 
for the second month fifty- two and one-half (52|) cents each per day; 
and for the third month they are to receive seventy (70) cents each 
per day, or full price ; and the party of the second part shall have 
the privilege of said convicts to the number of forty, including the 
first fifteen ; and it is further agreed between the parties that if there 
is not mechanics now in said Prison to the number of fifteen, that the 
party of the second part shall take of the common laborers to make 
up the number of fifteen, and that they the party of the second part, 
shall take of the convict mechanics as they may come into the Prison, 
until they shall have selected to the number of fifteen, so that they 
shall have to the number of fifteen that are mechanics, and the price 
each per day to be seventy cents as aforesaid; and it is further agreed 
between the parties that there shall be kept, by some suitable person, 
a daily account of the number of days each convict works, to be ren- 
dered at the end of each week, and at the end of each month the 
money is to be paid for the services of said convicts ; and it is agreed 
on the part of said Board of Control, (the party of the first part,) 
that the convicts so let and leased as aforesaid, shall be able bodied 
men, and capable of performing manual labor, and shall be selected 
by the Warden of said Prison with the consent and approval of the 
party of the second part; and it is further agreed by the party of the 
first part, that they will board said convicts, and employ a suitable 
number of guards for their government and safety; and it is further 
agreed between the parties, that the party of the second part shall 
have the brick building known as the Wagon Shop, the Blacksmith 
Shop and the Engine, with a fireman ; said engine to be $2.50 per 
day, and that in the working of said convicts, they shall be worked 
within the walls of said Prison, and under the control, rule and dis- 
cipline now governing said prison convicts, or which may be hereafter 
adopted by the said Board of Control, and that the guard that shall 



395 

be put over said convicts shall be appointed by the Warden of said 
Prison, or may be detailed from the regular .guards of the Prison; 
the party of the second part agree to pay full time for the working 
days of each month, whether they shall furnish employment for said 
convicts or not, unless the convict be sick or disabled in some way, 
and in that case and while the convict is sick or disabled, the parties 
of the second part shall not pay ; and it is further agreed that when 
said convicts or any of them shall have acquired a sufficient knowl- 
edge of the business that they may hereafter be employed in by the 
said party of the second part, to be allowed to take tasks, by section 
11 of the general laws of the State of Indiana of the acts of 1857, 
approved March 7, of said year; that they shall have tasks and be 
paid a liberal compensation for their overwork ; and it is further 
agreed that if anything transpires that the State may want to go on 
with the buildings of the Prison, that the party of the first part shall 
have the privilege of withdrawing all the convicts to the number of 
twenty, and that the party of the second part shall have the right to 
return such men as he chooses, to the number of twenty aforesaid. 
The said contract to continue and run for four years from date ; and 
for the faithful performance of the contract the parties are each to 
the other bound in the penal sum of twenty-five hundred dollars, to 
be paid by either of the parties failing to perform said contract, as 
damages, this day agreed upon and liquidated between said parties. 

In witness whereof the parties have hereto set their names the 
day and year first above written. 

(Signed) Elijah Murray, 

RuFus W. Landon. 

On motion by Mr. Griffith, the foregoing report was referred to the 
Committee on State Prison North. 

The Speaker laid before the House the following communication 
from the Auditor of State : 

Office of Auditor of State, 
Indianapolis, December 8, 1865. 

Hon. John U. Pettit, 

Speaker of the House of Representatives, 

Sir : — In compliance with the resolution adopted by the House, on 
the 5th inst., I have to report the expenditures in account of the 
Northern State Prison, as follows : 



396 

CURRENT EXPENSES. 

For the fiscal year ending October 31, 1859 $3,225 54 

For the fiscal year ending October 31, 18b0 45,389 56 

For the fiscal year ending October 31, 1861 19,593 88 

For the fiscal year ending October 31, 1862 36,339 03 

For the fiscal year ending October 31, 1863 1,221 66 

For the fiscal year ending October 31, 1864 2,300 00 

For the fiscal year ending October 31, 1865 115,173 20 

Total .' $273,242 87 

From which deduct, 

Receipts from hire of convicts for 1862 $3,294 87 

Receipts from hire of convicts for 1865 17,719 84 

Total $21,014 71 



Total net cost of expenditures for seven years $252,228 16 

In explanation of the above figures, it is unnecessary to remark 
that the current expenses of the prison for the years 1863 and 1864, 
was paid by the Governor through the Financial Bureau, and are 
consequently not included, and that the expenditures for the fiscal 
year 1865, include some $90,000 indebtedness, which had accrued 
principally between July 1, 1862, and March 10, 1863. 

The expenditures on account of construction, have been as follows : 

For the fiscal year ending October 31, 1860 $27,312 62 

For the fiscal year ending October 31, 1861 7,722 21 

For the fiscal year ending October 31, 1865 35,417 69 

Total ,. $70,417 69 

Respectfully submitted, 

T. B. Mccarty, 

Auditor of State. 
Which was referred to the Committee on State Prison North. 

A message from the Senate, by Mr. Wilson, their Secretary : 
Mr. Speaker: 
I am directed by the President of the Senate to inform the House 



397 

of Representatives, that the Senate has concurred in the following 
engrossed House amendments, to engrossed Senate bill No. 15: 

To amend section 1, by striking out all after the word "corpora- 
tion," in line 27, and insisrt in lieu thereof, amended section 14. 

To further amend section 3, by adding after the word "county," 
in line 50, the following: "and in each county named in this bill." 

To further amend section 9, by adding after the word "report," in 
line 144 the following — separating said claims into the following 
classes : 

1st. Claims for property taken, destroyed or injured by the 
rebels. 

2d. Claims for property taken, destroyed or injured by the Union 
forces under command of Federal officers. 

3d. Claims for property taken, destroyed or injured by Union 
forces not under command of United States officers, with a statement 
showing specifically in each case, under what circumstances, and by 
what authority such property was so taken, injured or destroyed." 

if To amend section 10 by striking out the word "eight," and insert- 
ing the word "six." 

And that the Senate has refused to concur in all other engrossed 
House amendments to the said bill. 

The Speaker laid before the House the following communication 
from the Governor, with accompanying letter from Charles Butler : 

State of Indiana, Executive Department, 1 
Indianapolis, December 8, 1865. j 

Hon. John U. Pettit, 

Speaker of the House of Mepre^entafives : 

Sir: In compliance with the resolution of the House I herewith 
transmit a copy of the letter addressed to Gov. Morton by Chas. 
Butler Esq. in relation to the Public Debt of Indiana. 
Respectfully your obedient Servant, 

CONRAD BAKER, 
Lieut. Governor, Acting as Governor. 



398 

Chicago, February 8, 1865. 



Hon. 0. P. Morton 



My Dear Sir : la reply to your inquiry respecting the under- 
standing in regard to the payment of the registered debt of Indiana 
created under the acts of January 19, 1846 and the suplemental act 
of January 1847, known as the Public Debt Acts, I would state that 
a reference to the proceedings of the General Assembly for the session 
of 1845-6, in reference to the public debt, the report of Mr. Secrest 
of the joint committee, to whom it was referred, and who reported the 
bill, the provisions ol the act itself and particularly the provisions of 
the act of 1847, which latter act was passed as declared on the face 
of it " to demonstrate the good faith of the State of Indiana" and to 
induce confidence on the part of the public and of her creditors in 
particular, and to secure the principal of adjustment as provided for 
and intended in the first bill, all furnish the clearest and most satis- 
factory proof that it was intended that the debt would be fully paid, 
principal and interest at the end of the 20 years if not before. The 
bill contemplated a revenue tax on property of 25 cts. on the $100, 
and a poll tax of 75 cts., the product of this tax as shown by the 
table appended to the report, it was believed would be ample to cover 
the interest after 1851, and allowing it to operate on the increase of 
assessable property and of polls (the former of which was estimated 
at only six millions annually) it was shown that after a few years it 
would yield a surplus to be applied towards the payment of the prin- 
cipal, and that the operation would be to satisfy both principal and 
interest by the time of maturity. It must be remembered that the 
people were then very anxious to provide for the ultimate payment of 
the principal. I may say they manifested an intense desire to provide 
for it, and get it out of the way ; and you will see that by the 14th 
section of the act of 1847 which I beg you to read carefully as 
embodying the intent, and the pledged faith of the State on this 
point, and you will find that the General Assembly then pledged 
itself solemnly that the provisions made by taxation and otherwise in 
the original and supplemental bills for the payment of the debt, 
principal and interest should be and "remain inviolate," and in force 
until these objects were accomplished, this pledge as you will see 
contemplated the continuance of the taxes above mentioned and the 
application of the produce of them to the specific objects named till 
the debts were paid and you have only to consider that if the pledge 



399 

embodied in this section had been kept according to its spirit and 
intent, the whole debt principal and iterest would be paid off at this 
day, for the increase of assessable property and of polls has greatly 
exceeded the calculations and the anticipations which were then made 
and indulged. 

One, at this day, can hardly conceive of the exhausted and impover- 
ished condition and the utter helplessness of the State of Indiana at 
that time, the reports of the State officials in the several departments 
from 1839-40 to 1845, and the legislative acts passed durnig those 
years, the reports on the public debt bill, the debates on the same 
bill, and the recitals and provisions of the bill itself will convey some 
knowledge and shed much light on the subject, and out of this 
established and recognized inability grew the arrangement adaptim^ 
the burden to the back and leveling down the rate of interest to the 
then impoverished and disabled condition of the State, it will be 
perceived that no interest was allowed on past due coupons and the 
principal and interest were funded to a period sometime ahead, 
when it should begin to run, and then at the small rate of 2| per cent. 
on the coupon portion of it, and keeping it then for a fifth of a century 
to allow of growth and increase, and sufficient ability to pay it off; or, 
if refunded, then to do it on a proper basis and at a rate of interest 
which should indicate the ability as well as the good faith and honor 
of the State. 

It was not expected that the State, in 1866, would take any advan- 
tage of, or desire to hold on to any arrangement graduating rates of 
interest which grew out of her necessities in 1845-6-7. Those acts, 
as has been stated, grew out of and are evidence of her necessities — 
I might say extremities — which the creditors of the State recognized 
in a truly noble and liberal spirit, and by concessions cheerfully made 
expressive of their sympathy. The action of the State in 1866, in 
respect of these same matters, should be prompted by and be expres- 
sive of her prosperity, ability and grateful appreciation. 

It is proper that I should add here, that the arrangement made by 
the State of Indiana by the acts of 1846 and 1847, for the adjust- 
ment of the public debt and the completion of the Wabash and Erie 
Canal to Evansville, was an entire and single arrangement, the design 
of which was, as declared in the acts and in the report of Mr. Secrest, 
to provide for and secure the payment of the whole debt, principal 
and interest, the one-half of it by taxation, the other half by a pledge 
of the Canal, its tolls and revenue, and lands in trust as security, 
and upon this trust the General Assembly put the broad seal of the 



400 

State's pledged faith that the security thereby provided should be 
and remain inviolate forever until that portion of the debt, principal 
and interest charged on it, should be paid and discharged out of 
its tolls, revenues and lands, or assumed or paid by the State, the 
right to do which was fully and carefully reserved to the State. In 
other words, it was a mortgage which the State reserved the right to 
discharge and thus redeem the canal after twenty years. | 

I regret that I am constrained to write this letter under a pressure, 
and from home, and that I have not before me all the necessary doc- 
uments to refer to, and that it must be necessarily brief; but the facts 
stated and the references made will, I trust, enable you to gather the 
information desired as to the understanding and expectation which 
were had and formed at the time of the passage of the acts referred 
to. At another time I propose to give to the people of Indiana the 
history, in full, of a transaction or epoch in the history of the State, 
full of interest to them, and deeply aflfecting her charactiw as a 

State. . 

With great respect I am, dear sir, 

Truly your obedient servant, 

CHARLES BUTLER. 

Mr. Brown moved to lay the communication on the table, and that 
200 copies be printed. 

Messrs. Burwell and Brown demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Boyd, Branham, Brown, Buskirk, Cowgill, 
Davidson, Ferris. Gleason, Gregg, Gregory of Warren, Griffith, 
Hogate, Humphreys, Kilgore, Litson, Lockhart, McVey, Newcorab, 
Perigo, Prather, Rhoads, Sabin, ShoafF of Jay, Sim, Stewart, Stivers, 
Stuckey, Trusler, Upson, Weikel, Woods and Mr. Speaker — 33. 

Those who voted in the negative were, 

Messrs. Bird, Brown, Burwell, Glazebrook, Goodman, Groves, 
Hamrick, Hargrove, Harrison, Henricks, Hunt, Lane, Lemon, Lopp, 
Meredith, Miller, Milroy, Montgomery, Osborn, Richards, Shoaff of 
Allen, Shuey, Spencer, Stringer, Sullivan of P. and V., Welch, 
Wright and Zeigler — 28. i 

i 



401 

There being no quorum present, a call of the House was ordered, 
when the following members answered to their names : 

Messrs. Atkinson, Bird, Boyd, Branham, Brown, Burwell, Bus- 
kirk, Cowgill, Crook, Davidson, Dunham, Ferris, Glazebrook, Gleason, 
Goodman, Gregg, Gregory of Warren, GriflBth, Groves, Hamrick, 
Hargrove, Harrison, Henricks, Hogate, Humphreys, Hunt, Kilgore, 
Lane, Lasselle, Lemon, Litson, Lockhart, Lopp, Meredith, Miller, 
Milroy, Montgomery, McVey, Newcomb, Osborn, Patterson, Pericro, 
Prather, Reese, Rhoads, Richards, Sabin, Shoaff of Allen, Shoaff of 
Jay, Shuey, Sim, Spencer, Stewart, Stivers, Stringer, Stuckey, Sul- 
livan of P. and v., Trusler, Upson, Weikel, Welch, Wright, Woods, 
Zeigler and Mr. Speaker — 65. 

The doors were then closed, and the Doorkeeper ordered to send 
for absentees. 

Mr. Spencer moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Brown moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Burwell moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Boyd moved that the House do now adjourn. 
Which was not agreed to. 

Pending the proceedings under the call, 

On motion. 
The House adjourned till Monday next, at 9 o'clock, A. M. 



H. J.— 26 



402 



MONDAY MORNING, 9 o'clock, \ 
< i ■■ December 1], 1865. j 

■ , ' J .... ■ 

The House met pursuant to adjournment, ;,? •,,,'.. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : .... 

Messrs. Bird, Boyd, Brown, Burwel!, Church, Crook, Davidson, 

Dunham, Ferris, Glazebrook, Gleason, Goodman, Gregg, Griffith, 

Groves, Hargrove, Henricks, Higgins, Hogate, Hoover, Hunt, Lane, 

Lasselle,. Lemon, Lockhart, Lopp, Milroy, Montgomery, McVey, 

Newcomb, Osborn, Patterson, Perigo, Rhoade^, Richards, Sabin, 

Shoaff of Allen, Shuey, Sim, Spencer, Stewart, Stivers, Stringer,, 

Stuckey, Trusler, Upson, Weikel, Welch, Wright, Woods and Mr. ; 

Speaker — 52. 

• I. ,''''' 
There being no quorum present, 

On motion by Mr. Newcomb, the House adjourned ; ; 



2 o'clock, p. m. 
The House met. 

The clerk proceeded to read the Journal of Saturday, when, on 
motion by Mr. Burwell, its further reading was dispensed with. 

Mr. Rhoades from the Joint Committee on enrolled bills, made the 
following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills have examined and com- 
pared Enrolled Acts, House of Representatives, Nos. 78 and 106 
with the engrossed copies thereof, and direct me to report them, in 
all respects, correctly enrolled. 



403 

The Speaker announced the following select committee on House 
bill No. 308 : 

Messrs. Buskir.k, Abbef;, Boyd, Humphreys and Veach. 

The Speaker announced that he had signed House bills No. lOtJ 
and 78. 

SPECIAL ORDER. 

The hour having arrived for the special order, 

House bill No. 277. A bill to amend sections 2 and 5, of an act 
entitled, " an act providing fcrr an organization of Circuit Courts, 
the election of judges thereof, and defining their powers and duties,," 
approved June 1, 1852; and providing for Criminal and Civil Circuit 
Courts, 

Was taken up. ' " ' ' ■ ■ ' ;. .'!"', 

Mr. Newcomb moved to amend said bill as follows : .' .. 

Add at the end of section 1, the following words, to-wit: ''And 
n all counties in which the Criminal Circuit Courts are organized, 
;he Circuit Courts shall have no criminal jurisdiction, hue shall have 
)nly the jurisdiction of the Circuit Court in civil cases." 

Which was agreed to. 

Mr. Newcomb moved that the bill be considered as engrossed and 
•ead a third time. 
Which was agreed to. • ' , m; . , . . .-. 

House bill No. 277 was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

i Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes, 

i^urwell, Buskirk, Church, Cowgill, Croan, Crook, Davidson, Ferris, 

i^leason, Goodman, Gregg, Gregory of Montgomery, Gregory of 

. iVarren, Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, 

) iiggins, Hogate, Hoover, Howard, Humphreys, Hunt, Kilgore, Lane, 

i^iemon, Lockhart, Lopp, Major, Miller, Milroy, Montgomery, 

VicVey, Newcomb, Olleman, Osborn, Perigo, Prather, Reese, Rhoads, 

ilichards, Sabin, ShoafF of Allen, Shuey, Sim, Spencer, Stewart^ 



404 

Stivers, Stuckey, Sullivan of P. and V., Thatcher, Trusler, Upson,! 
Veach, Weikel, Welch, Woodruff, Wright, Woods, Zeigler and Mr. 
Speaker — 70. j 

Those who voted in the negative were, 

Messrs. Glazebrook, Richardson, Stringer and Sullivan of Scott— 4 

The question being, shall the title, as read, stand as the title ol, 
said bill. 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

House bill, No. 278. A bill creating the Sixteenth Judicial Ciji 
cuit, and providing for the election of a Judge and Prosefliitinj 
Attorney thereof, and declaring its jurisdiction, and providing for 
transfer of actions thereto, 

Was taken up. 

Mr. Newcomb moved to amend as follows : ' f 

Add, at the end of section 5, " and the persons convicted of felon 
in such Court, and sentenced to hard labor in the State prison, sha 
be promptly forwarded to the prison in which they are sentenced 1 
be confined : Provided^ That where there are not more than thri 
convicts under such sentence at one time, they shall not be forwards 
to such prison until the end of the term at which they were co' 
victed, unless by order of the Court." 

Which was agreed to. • ' 

Mr. Newcomb moved that the bill be considered as engrossed, ai 
read a third time. 

Which was agreed to. 

House bill, No. 278, was read a third time, and the question beii 
^all said bill pass? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Brown, Burnes, Eig 
well, Buskirk, Church, Croan, Crook, Davidson, Ferris, Gleasc 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warre 



405 

jrriffith, Groves, Ilararick, Hargrove, Harrison, Henricks, Higgins, 
Hogate, Hoover, Howard, Hunt, Kilgore, Lane, Lemon, Lockhart, 
Major, Miller, Milroy, Montgomery, McVey, Newcomb, OUeman, 
Dsborn, Perigo, Pinney, Prather, Reese, Rhoads, Richards, Richard- 
son, Sabin, Shoaff of Allen, Shuey, Sim, Spencer, Stewart, Stivers, 
Stringer, Stuckey, Sullivan of P. and V,, Thatcher, Trusler, Upson, 
Veach, Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler 
and Mr. Speaker— 70. 

Those who voted in the negative were, 
I 

Messrs. Dunham, Glazebrook, Humphreys, Lopp and Sullivan of 
Scott — 5. 

The question being, shall the title, as read, stand as the title of 
the bill ? 

It was so ordered. , ,' 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

House bill. No. 279. A bi^ to amend sections nine and ten of a© 
act entitled " an act prescribing the powers and duties of Justices of 
the Peace in State prosecutions," 

Was taken up. 

Mr. Newcomb moved that said bill be considered as engrossed, 
and read a third time. 
Which was agreed to. 

So House bill. No. 279 was read a third time, and the question 
being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes, 
Burwell, Buskirk, Church, Cowgill, Cox, Croan, Crook, Davidson, 
Ferris, Foulke, Gleason, Gregg, Goodman, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, 
Henricks, Higgins, Hogate, Hoover, Howard, Humphreys Hunt, 
Kilgore, Lane, Lockhart, Major, Miller, Milroy, Montgomery, 
Newcomb, Olleman, Osborn, Perigo, Pinney, Prather, Reese, Rhoads, 
Richards, Richardson, Sabin, Shoaff of Allen, Shuey, Sim, Spencer, 



406 

Stewart, Stivers, Stringer, Stuckey, Sullivan of P. & Y., Thatcher, 
Trusler, Upson, Veach, Weikel, Welch, White, Woodruff, Wright, 
Woods, Zeigler and Mr. Speaker — 72. . ' 

Those who voted in the negative were, 

Messrs. Dunham, Ferris, Lemon, Lopp and Sullivan of Scott — 5. 

The question being shall the title, as read, stand as the title of said 
bill? 

It was so ordered. 

So the bill passed. , ., 

Ordered, That the Clerk inform the Senate thereof. 

House bill No. 280. A bill to amend section 14 of an act entitled 
'* an act to limit the Grand Jurors, and to point out the mode of their 
selection, defining their jurisdiction, and repealing all laws inconsis- 
tent therewith, approved March 5, 1852. 

Was taken up. 

Mr. Newcomb moved to amend said bill as follows : 

Amend section fourteen by adding after the words " circuit court " 
in the first line, the following : " Except as otherwise provided for by 
law. 

Which was agreed to. , 

Mr. Newcomb moved that the bill be considered as engrossed and 
read a third time. 

Which was agreed to. 

So House bill No. 280, was read a third time, and the question 
being shall said bill paSs ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes, 
Burwell, Buskirk, Church, Cowgill, Cox, Crook, Davidson, Ferris, 
Foulke, Gleason, Goodman, Gregg, Gregory of Montgomery, Gregory 
of Warren, Griffith, Groves, Hargrove, Harrison, Henricks, Higgins, 
Hogate, Hoover, Howard, Kilgore, Lane, Lemon, Lockhart, Lopp, 
Major, Miller, Milroy, Montgomery, McVey, Newcomb, Olleman, 



407 

Osborn, Perigo, Pinney, Prather, Reese, Rhoads, Richardson, Sabin, 
Shoaff of Allen, Shuey, Sim, Spencer, Stivers, Stringer, Stuckey, 
Sullivan of P. & V. Thatcher, Trusler, Upson, Veach, Weikel, Welch, 
White, Woodruff, Woods, Zeigler and Mr. Speaker — 68. 

Those who voted in the negative were, 

Messrs. Dunham, Glazebrook, Humphreys, Hunt, Richards ar.d 
Sullivan of Scott — 6. 

The question being shall the title, as read, stand as the title of said 
bill? 

It was so ordered. 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

House bill No. 300. A bill to amend section 19 of an act entitled 
" an act to revise, simplify and abridge the rules, practice, plead- 
ings and forms in criminal actions in the Courts of this State," ap- 
proved June 17, 1852. 

Was taken up. 

Mr. Newcomb moved that it be deemed expedient to suspend the 
constitutional rule requiring bills to be read on three several days by 
sections, and that said bill be read a second time by its title, and a 
third time by sections now. 

The ayes and noes were taken under the Constitution. 

Those who voted in the aflSrmative were, 

Messrs. Atkinson, Bonner, Boyd, Branhara, Brown, Burnes, Bur- 
well, Buskirk, Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, 
Foulke, Gleason, Goodman, Gregg, Griffith, Groves, Hamrick, Har- 
grove, Harrison, Henricks, Higgins, Hogate, Hoover, Howard, Hum- 
phreys, Hunt, Kilgore, Lockhart, Major, Miller, Milroy, Montgomery, 
McVey, Newcomb, Osborn, Perigo, Pinney, Prather, Rhoads, Rich- 
ards, Sabin, Shoaff of Allen, Shuey, Sim, Spencer, Stewart, Stivers, 
Stringer, Stuckey, Sullivan of Scott, Sullivan of P. and V., Thatcher, 
Upson, Veach, Welch, White, Woodruff, Wright, Woods, Zeigler and 
Mr. Speaker — 66. 



408 

Those who voted in the negative were, , i" 

Messrs. Bird, Dunham, Glazebrook, Lemon, Reese, Richardson and 
Weikel— 7. ,• , ;;^ , 

So it was deemed expedient to suspend said constitutional rule, 
and said bill was read a second time bj its title, was considered as 
engrossed, and. 

On motion, 
Was read a third time. • ' 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes, | 
Burwell, Buskirk, Church, Cowgill, Cox, Croan, Crook, Davidson, 
Poulke, Gleason, Goodman, Gregory of Montgomery, Gregory of J 
Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, Henricks, ' 
Higgin^ Hogate, Hoover, Howard, Kilgore, Lasselle, Lemon, Lock- 
hart, INl^o^r, Miller, Milroy, Montgomery, McVey, Newcomb, Olle- 
man, Osborn, Pirigo, Pinney, Prather, Reese, Rhoads, Richards, 
Richardson, Sabin, Shoaff of Allen, Shuey, Sim, Spencer, Stewart, 
Stivers, Stringer, Stuckey, Sullivan of Scott, Sullivan of P. 
and v., Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, 
AVoodruff, Wright, Woods, Zeigler and Mr. Speaker — 72. 

Those who voted in the negative were, 

Messrs. Dunham, Glazebrook, Gregg, Humphreys and Hunt — 5. 

The question being, shall the title of the bill stand as read ? 
It was so ordered. 

So the bill passed. ■ { 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Rhoads moved to suspend the regular order of business and 
ta^e up House bills on their third reading. 

Which was not agreed to. • , 

House bill No. 285 was taken up. 



409 
The question being, shall the bill be read a third time ? 

On motion by Mr. Branham, 
Said bill was made the special order for to- morrow morning at 10 
o'clock. 

Mr. Woods moved to suspend the order of business and take up 
House bills on third reading. 

No quorum voting, the Speaker ordered a call of the House, when 
the following members answered to their names : 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Brown, Burnes, 
Burwell, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulke, 
Glazebrook, Gleason, Goodman, Gregg, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, 
Henricks, Higgins, Hogate, Hoover, Howard, Humphreys, Hunt, 
Lane, Lasselle, Lemon, Lockhart, Lopp, Major, Miller, Milroy, Mont- 
gomery, McVey, Newcomb, Olleman, Osborn, Patterson, Perigo, 
Pinney, Prather, Reese, Rhoads, Richards, Richardson, Sabin, Shoaff 
of Allen, Shoaff of Jay, Shuey, Sim, Spencer, Stewart, Stivers, 
Stringer, Stuckey, Sullivan of Scott, Sullivan of P. and V., Tshatcher, 
Trusler, Upson, Veach, Weikel, Welch, White, Woodruff, Wright, 
Woods, Zeigler and Mr. Speaker — 79. 

A quorum being present, a further call of the House was dispensed 
with. 

Mr. Kilgore obtained leave of absence on account of sickness. 

Messrs. Collins and Rice also obtained leave of absence on account 
of sickness. 

Mr. Miller moved that when the House adjourn it adjourn to meet 
this evening at 7 o'clock. 

Which was agreed to. 

The question being on the motion of Mr. Woods, 
It was agreed to. 

Mr. Glazebrook asked and obtained leave of absence for this 
evening. 



410 

vi HOUSE BILLS ON THIRD HEADING. 

House bill No. 174. "A bill for the protection of fish in the rivers, 
streams, lakes and ponds within the State of Indiana, except the 
Ohio river and Lake Michigan," with the amendments reported by the 
Committe on Rights and Privileges. 

Was taken up. 

Mr. Woods moved to except St. Joseph river. 
Which was not agreed to. 

Mr. Woods moved that all rivers, lakes and frog ponds in Lake 
county be excepted. 
Which was agreed to. 

The question recurring on the amendment as recommended by the 
committee. 

It was not agreed to. 

Mr. Brown moved to reconsider the vote by which the House ' 
ordered the engrossment of said bill. 
Which was agreed to. 

Mr. Miller moved to recommit the bill to the Committee on Rights 
and Privileges of the Inhabitants of the State. 
Which was agreed to, 

Mr. Buskirk from the select committee on House bill No. 308, by 
consent, made the following report : 

Mr. Speaker: 

The select committee to whom was referred House bill No. 308, 
have had the same under consideration, and have unanimously rec- 
ommended the adoption of the accompanying bill, and that said bill 
No. 808 be stricken out from the enacting clause, and that the 
accompanying bill be inserted in lieu thereof, and when so amended 
they recommend its passage. 

Section 1. The counties of Bartholomew, Brown, Lawrence, 

Monroe, Green and Morgan, shall hereafter constitute the 

Judicial Circuit, and the courts shall sit therein as follows : ; 

In the county of Bartholomew, on the first Monday of February, 
and the second Monday of August in each year. .- .,, 



411 

In the county of Brown, on the fourth Monday of Februarv, and 
the first Monday of August in each year. 

In the county of Lawrence, on the first Monday of March ami 
September, in each year. 

In the county of Monroe, on the third Monday of March and Sep- 
tember in each year. 

In the county of Green, on the first Monday of April and October 
in each year. 

In the county of Morgan, on the third Mondays of April and 
October in each year. 

The court shall sit in the counties of Lawrence, Monroe, Green 
and Morgan, two weeks each ; in the county of Brown one week, 
and the county of Bartholomew three weeks, if the business requires it. 

Sec. 2. The counties of Ohio, Ripley, Jennings, Jeff'erson and 
Switzerland, shall hereafter constitute the First Judicial Circuit, and 
the courts therein shall sit therein as follows, each year : 

In the county of Ohio, on the second Mondays of February and 
August. 

In the county of Ripley, on the Mondays succeeding the courts in 
the county of Ohio. 

In the county of Jennings, on the Mondays succeeding the courts 
n the county of Ripley. 

In the county of Jefferson, on the Mondays succeeding the courts 
n the county of Jennings. 

And in the county of Switzerland, on the Monday succeeding the 
!Ourts in the county of Jefferson. 

The court shall sit in the counties of Ohio and Jennings, two weeks 
ach ; in the counties of Switzerland and Ripley, three weeks each ; 
ad in the county of Jefferson, four weeks, if the business requires it. 

Sec. 3. That the counties of Scott, Jackson, Orange, Washington, 
larrison, Clark and Floyd, shall hereafter constitute the Second 
udicial Circuit, and the courts shall sit therein as follows, each year : 

In the county of Scott, on the first Mondays of February and 
august. 
In the county of Jackson, on the second Mondays of February and 
ugust. 

In the county of Orange, on the fourth Mondays of February and 
ugust. 



412 

In the county of Washington, on the second Mondays of March 
and September. 

In the county of Harrison, on the fourth Mondays of March and 
September. 

In the county of Clark, on the second Mondays of April and 
October. 

In the county of Floyd, on the fourth Mondays of April and 
October. 

And the Court shall sit in the counties of Jackson, Orange, Wash- 
ington, Harrison and Clark, two weeks each ; in the county of Scott 
one week, and in the county of Floyd four weeks, if the business j 
requires it. 

Sec. 4. That the counties of Owen, Sullivan, Vigo, Putnam and 
Clay shall hereafter constitute the Sixth Judicial Circuit, and the 
Courts therein shall sit as follows, each year : 

In the county of Owen, on the first Monday of February and 
August. 

In the county of ^ullivan, on the third Monday of February and 
August, 

In the county of Vigo, on the first Monday of March and Sep- 
tember. 

In the county of Putnam, on the first Monday of April and 
October. , 

In the county of Clay, on the first Monday of May and No- 
vember. 

The Court shall sit in the counties of Owen, Sullivan and Clay 
two weeks each, and in the counties of Vigo and Putnam four weeks 
each, if the business requires it. 

Sec. 5. The Governor is hereby authorized and required to 

appoint a Judge and Prosecuting Attorney for the Judicial 

Circuit, who shall hold their offices until their successors are elected 

at the next annual election. , i 

I 

Sec. 6. All process returnable to the next term of any of the! 
Courts aforesaid, as heretofore fixed, is hereby made returnable to 
the next term of the said Court, as fixed by this act, and all orders 
of Court, and publications, ha well as recognizances, having refer- 
ence to the next term of said Circuit Courts, shall be taken as hav- 



413 

ing reference to said next terms respectively, as fixed by this act, 
and all persons shall take notice of the times of holding said Courts, 
as herein nxed. 

Sec. 7. Inasmuch as the Courts in the said Circuit, as fixed by 
this act, are about to commence, and will be holden before the ret^u- 
lar publication of the laws of the present session of the General 
Assembly, it is therefore declared that an emergency exists for the 
immediate taking efi'ect of this act. It shall, therefore, take effect 
and be in force from and after its passage and publication in the 
Indianapolis State Journal and Herald, and the Secretary of State 
is hereby directed to forward a copy of this act to each of the Clerks 
of said Court. 

On motion by Mr. Goodman, 

The House adjourned till 7 o'clock this evening. 



rr 7 CLOCK P. M. 

The House met. ', ■ ■ 

The Speaker ordered a call of the House, when the following' 
members answered to their names : 

Messrs. Atkinson, Bird, Bonner, Boyd, Branhara, Brown, Burnes, 
Burwell, Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, 
Foulke, Goodman, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hoover, Howard, Humphreys, Lockhart, Lopp, Major, Miller, Mont- 
gomery, McVey, Newcomb, OUeman, Osborn, Patterson, Perigo, 
Prather, Reese, Rhoads, Richardson, Sabin, Shoaff of Allen, Shuey, 
Sim, Stewart, Stivers, Stringer, Stuckey, Sullivan of P. and V., 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Woodruff, 
Wright, Woods, Zeigler and Mr. Speaker — 65. 

On motion by Mr. Prather, 

A call of the House was ordered, when the following members 
answered to their names : 



414 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Burnes, Cald- 
well, Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulke, 
Goodman, Gregg, Gregory of Montgomery, Gregory of Warren, 
Groves, Hargrove, Harrison, Henricks, Hershey, Higgins, H^lJover, 
Howard, Humphreys, Laselle, Lockhart, Lopp, Major, Miller, Mil- 
roy, Montgomery, McVey, Newcorab, Olleman, Osborn, Patterson, 
Perigo, Prather, Reese, llhoads, Richardson, Sabin, Shoaff of Allen, 
Sim, Stewart, Stivers, Stringer, Stuckey, Sullivan of P. and V., 
Thatcher, Trusler, Upson, Veach, Weikel, Welch, White, Woodhiff, 
Wright, Woods, Zeigler and Mr. Speaker — Q6. 

There being no quorum presefit, the doors were ordered to be 
closed, and the Doorkeeper directed to send for absentees. 

The Doorkeeper reported Mr. Hogate, who, o» motion, was dis- 
charged from custody. 

Mr. Gleason was also reported present, and was, on motion, dis- 
charged from custody. 

Mr. Higgins moved to suspend further proceedings under the call. 
Which was agreed to. 

The Speaker ordered a call of the House, when the following 
members answered to their names : 

Messrs. Atkinson, Bird, Bonner, Boyd, Branham, Burnes, Cald- 
well, Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulke, 
Gleason, Goodman, Gregg, Gregory of MontgoDft.ery, Gregory of 
Warren, Groves, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Hoover, Howard, Humphreys, Lasselle, Lockhart, Lopp, 
Major, Miller, Milroy, Montgomery, McVey, Newcomb, Olleman, 
Osborn, Patterson, Perigo, Prather, Reese, Rhoads, Richardson, 
Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Stewart, Stivers, 
Stringer, Stuckey, Sullivan of P. and V., Thatcher, Trusler, Upson, 
Veach, Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler and 
Mr. Speaker— 70. 

A quorum being present, a further call was dispensed with. 

HOUSE BILLS ON SECOND READING. 

Mr. Rhoads moved to suspend the order of business and take up 
House bill, No. 245. 

Which was not agreed to. '■ 



1 



415 

House bill No. 248, was read a second time, ordered to be engrossed, 
and passed to a third reading. 

House Joint Resolution No. 21, was taken up, read a second time, 
ordered to be engrossed, and passed to a third readim^ 

House bill No. 207, was read a second time, the amendment here- 
tofore reported, was also read and agreed to. The bill was ordered 
to be engrossed and passed to a third reading. 

House bill No. 290, was read a second time, and on motion of Mr. 
Newccmb, wa* indefinitely postponed. 

House bill No. 299, was read a second time, ordered to be 
engrossed and passed to a third reading. . -, 

House bill No. 272, was read a second time, ordered to be en- 
grossed and passed to a third reading. > , , , ; ' 

! House bill No. 286, was read a second time, ordered to be 
engrossed and passed to a third reading. 

House bill No. 261, was read a second time. ' 

Mr. Newcomb moved to strike out the emergency clause. 
Which was agreed to. 

' - . » 

The bill was ordered to be engrossed and passed to a third reading. 
House bill No. 268, was read a second time. 

Mr. Stewart moved to indefinitely postpone said bill. 
Which was not agreed to. s 

The bill was ordered to be engrossed and passed to a third readin-^. 
House bill No. 247, was read a second time. 

Mr. Buskirk moved to amend by adding "Deputy or" before 
' Constable." 
Which was agreed to. 

The bill was then ordered to be engrossed and passed to a third 
eading. 

House bill No. 77, was read a second time. 



416 

Mr. Olleman moved to strike out the emergency clause. 
Which was not agreed to. ; . .....,' 

The bill was then ordered to be engrossed and passed to a third 
reading. 

House bill No. 236, was read a second time, ordered to be engrossed' 
and passed to a third reading. 

House bill No. 293, was read a second time, ordered to be engrossed 
and passed to a third reading. . , 

House bill No. 295, was read a second time, ordered to be engrossed 
and passed to a third reading. 

House bill No. 269, was read a second time, ordered to be engrossed 
and passed to a third reading. 

House bill No. 275, was read a second time, ordered to be engross( 
and passed to a third reading. 

House bill No. 297, was read a second time, ordered to be engrossec 
and passed to a third reading. 

House bill No. 244, was read a second time, and, on motion, wa) 
laid on the table. 

House bill No. 99, was read a second time. 

Mr. Woods offered the following amendment : 

Amend by inserting in the proper place, " that it shall be the dut; 
of assessors to assess all the resident women over 21 in his township.' 



Mr. Miller moved to lay the amendment on the table. 
Which was not agreed to. 

The question being on the amendment. 
It was not agreed to. 

The bill was ordered to be engrossed and passed to a third readiij| 

House bill No. 136, was read a second time, ordered to be engrosse 
and pnssed to a third reading. < , 

On motion, by Mr. Groves, ' ' 

The House adjourned. '' 



417 



TUESDAY MORNIiN'G, 9 o'clock, \ 
December 12, 1865. J 

The House met. 

By unanimous consent, Mr. Ilenricks was called to the Chair. 

The Clerk proceeded to read the Journal of yesterday, when, 

On motion by Mr. Spencer, 
Its further reading was dispensed with. 

REPORTS OF COMMITTEES. 

Mr. Miller, from the Committee on the Organization of Courts of 
Justice, made the following report : 

Mr. Speaker: 

The Committee on the Organization of Courts to whom was referred 
House bill No. 259, have had the same under consideration, and direct 
me to report it back to the House, and recommend that it do pass. 

Which report was laid on the table. 

Mr Griffith, from the Committee on the State Prison North, made 
the following report: 

Mr. Speaker : 

The Committee on the State Prison North have instructed me to 
submit to the House the following report: 

The committee have had under consideration the Report of the 
Boiird of Control of said Prison, and also the Report of the Super- 
intendent of Construction. 

Your committee have not visited said Prison, and cannot speak 
from personal observation, but, with a proper desire to fill the posi- 
tion assigned to them, they have had before them, in person, R, W. 
Epperson, said Superintendent, as well as his Report, and from candid 
consideration and mature deliberation, have arrived at the following 
conclu.sions : 

It may seem improper, at this time, that any additional appropri- 
ation be asked for said Prison, when so many necessary demands are 
H. J.— 27 



418 

made upon the Treasury of the State of Indiana. But we cannot 
forget that, however onerous the burthen which may be pressing upon 
the people at this time may be, nevertheless so much is due to the 
interests of society and the general good of the State, that we are 
compelled to foster and sustain, in a proper way, the Institutions 
already erected by her, and which have interests and prosperity of 
the State solely in view. 

The Board of Control ask for additional appropriations to the 
amount of ninety-seven thousand seven hundred and forty-seven 
dollars, to complete the work already begun. The Legislature, at its 
last session, appropriated the sum of eighty-two thousand dollars for 
The completion of the outer walls, sentry towers, erection of offices, 
and construction of the south wing of the cell house. Sixty thousand 
dollars was appropriated for the last named purpose, one- half of which 
was to be expended in 1865, and one-half in 1866. Of the gross 
amount of appropriations made, fifty-three thousand dollars have 
been used, leaving for the year 1866 some twenty-nine thousand 
dollars unexpended. Of the appropriations made at the last session, 
five thousand dollars were diverted from use of main walls and towers 
for the completion of offices, as it was found necessary at the time of 
executing the plan for the construction of offices, that they be both 
completed at the same time ; consequently the diversion of said fund 
from its original purpose. There then remains an apparent necessity 
for an appropriation of sixteen thousand eight hundred dollars for 
the completion of the main walls and sentry towers ; otherwise the 
unprotected condition of the walls, as they now stand, will cause much 
loss of work already done upon them : they therefore think the appro- 
priation necessary. 

Further, the Board of Cotitrol ask for an appropriation of seventy- 
six thousand dollars for the completion of the south wing of the cell 
house and guard house, which are inseparable. Your committee, 
believing that security, proper subordination, the increase of crime, 
and convictions for the same, which is filling up said Prison very fast, 
demand an additional appropriation, they have concluded to recom- 
mend an additional appropriation of forty-six thousand dollars, for the 
completion of the cell house and guard house; making, in the aggre- 
gate, the sum of sixty-two thousand eight hundred dollars : and this 
we do unanimously. 

We also suggest, that convict labor be used in the further construc- 
tion of said Prison, and that no more contracts be entered into by 
the Board of Control with any parties, which shall militate against 



419 

this recominendatio'n, unless said contracts be made more remuner- 
ntive to the State than the employment of convict labor can be in the 
construction of the Prison. 

Mr. Griffith moved to refer the report to the Committee on Way? 
and Means, with the following instructions : 

" I move to concur in the report, and that the same be referred to 
the Committee on Ways and Means, with instructions to incorporate 
the amount of appropriation asked for in the general appropriation 
bill." 

Mr, Groves moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on the motion of Mr. Griffith, 

Messrs. Branham and Higgins demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Boyd, Branham, Burton, Caldwell, Church, 
C6x, Crook, Davidson, Dunham, Ferris, Foulke, Glazebrook, Gleason, 
Gregg, Gregory of Montgomery, Gregory of Warren, Griffith, Hig- 
gins, Hogate, Hoover, Howard, James, Lane, Major, Miller, Milroy, 
Newcomb, Pinney, Reese, Rhoads, Riford, Roach, Shoaff of Allen, 
Shoaflf of Jay, Sim, Stenger, Stivers, Stringer, Stuckey, Upson, 
Welch and Wright— 44. 

Those who voted in the negative were, 

Messrs. Abbett, Bonner, Burnes, Burnell, Cowgill, Goodman, Ham- 
rick, Hargrove, Harrison, Henricks, Hershey, Humphreys, Hunt, Las- 
selle, Lemon, Lockhart, Lopp, Montgomery, Olleman, Osborn, Patter- 
son, Perigo, Prather, Richards, Richardson, Sabin, Shuey, Stewart, Sul- 
livan of Scott, Sullivan of P. and V., Thatcher, Trusler, Veach, Wei- 
kel, White, Woodruff and Woods— 37. 

So the motion prevailed. 



420 

SPECIAL ORDER. 

House bill, No. 285. A bill to provide a State Debt Sinking 
Fund for the payment of the principal and interest of the War Loan 
Bonds, and five and two and one-half per cent, stocks of the 
State therein named ; prescribing the duties of the Auditor, Treasu- 
rer and Agent of State in relation thereto : providing for a Clerk of 
said Sinking Fund, and fixing his salary, and providing a penalty for 
the violation of its provisions, and declaring an emergency for the 
immediate taking effect of the same. 

"Was taken up, and having been previously read a third time, 

The question being, shall the bill pass? 

Mr. Branham moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
'It was so ordered. 

"The question being, shall said bill pass ? 

Those who vot*^-d in the affirmative were, 

Messrs. Atkinson^ Bonner, Boyd, Branham, Burnes, Caldwell, 
Church, Cowgill, Cox, Cook, Davidson, Ferris, Foulke, Gleason, 
Goodman, Gregory of Montgomery, Gregory of Warren, Griffith, 
Groves, Hamrick, Henricks, Hershey, Higgins, Hogate, Hoover, 
James, Lane, Lockhart, Major, Miller, Montgomery, McVey, New- 
comb, Olleman, Prather, Reese, Rhoads, Riford, Sabin, Shuey, Sim, 
Stewart, Stringer, Sullivan of P. and V., Trusler, Upson, Welch, 
Woodruff, Wright, Woods, Zeigler and Mr. Speaker— 52. 

Those who voted in the negative were, '• 

Messrs. Abbett, Bird, Brown, Burton, Burwell, Buskirk, Croan, 
Dunham, Glazebrook, Gregg, Hargrove, Harrison, Howard, Humph- 
reys, Hunt, Lasselle, Lee, Lemon, Lopp, Milroy, Osborn, Patterson, 
Perigo, Pinney, Richards, Richardson, Roach, Shoaff of Allen, 
Shoaff of Jay, Spencer, Stenger, Stuck«y, Sullivan of Scott, 
Thatcher, ,Weikel and White— 56. 



421 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

On motion by Mr. Groves, 
The House adjourned. 



2 o'clock p. m. 
The House met, 

And was called to order by the Clerk, and, 

On motion by Mr. Wood, 
Mr. Hamrick was called to the chair. 

Mr. Wood moved to suspend the regular order of business and 
take up House bill, No. 86. 
Which was agreed to. 

House bill, No. 86. A bill giving the consent of the State of In- 
diana to, and authorizing the digging or constructing of a ditch or 
canal from the Little Calumet river to the Grand Calumet river, botli 
in Lake county, in this State, and requiring the Attorney General to 
defend such suits or actions at law as may be brought against the 
parties who may be prosecuting said work. 

Was taken up, and read a third time. 

The question being, shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Brown, 



422 

Burnes, Burwell, Buskirk, Caldwell, Church, Cox, Croan, Crook^ 
Davidson, Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregg, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves^ 
Hamrick, Hargrove, Henricks, Hershey, Higgins, llogate, Hoover, 
Howard, Humphreys, Hunt, Lane, Lopp, Major, Miller, Milroy, 
Montgomery, Newcomb, Olleman, Osborn, Perigo, Prather, Re€sc, 
Rhoads, Richards, Riford, Sabin, Shoaff of Allen, Shoaff of Jay, 
Shuey, Sim, Spencer, Stewart, Stenger, Stivers, Stringer, Stuckey, 
Sullivan of Scott, Sullivan of P. and Y., Thatcher, Trusler, Upson, 
Veach, Weikel, Welch, White, Woodruff, Wright, Woods, Zeigler an<l 
Mr. Speaker — 78. 

Mr. Richardson voting in the negative. 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Gregory, of Montgomery, asked and obtained leave to intro- 
duce House bill. No. 319. A bill to amend the 14th section of an 
act entitled " an act to provide for the uniform mode of doing town- 
ship business, prescribing the duties of certain officers in connection 
therewith, and to repeal all laws in conflict wnth this act," approved 
February 18, 1859, and declaring an emergency. 

Which was read a first time, and passed to a second reading. 

Mr. Brown moved to suspend the regular order of business to 
make House bill, No. 301, the special order for the day for to-mor- 
row, at 11 o'clock A. M. 

Which was agreed to. 

Mr. Miller moved to suspend the order of business and take up 
message from the Senate. 
Which was agreed to. 

House bill. No. 47. A bill to increase the powers of the Board 
of Sinking Fund Commissioners, and to authorize said Board to loan 
any moneys belonging to said fund, and to invest any moneys belong- 
ing to said fund in Indiana State Bonds or Stocks, and providing for 



423 

the cancelling of such bonds or stocks and the reissuing of new, 
non-negotiable bonds or stocks, payable to said fund. 

Was taken up, with the following engrossed amendments of the 
Senate, to-wit : 

Strike out all after the word " discretion," in the seventh line of 
the first section, to the word "discretion'' inclusive, in the 14th line 
of same section. 

Also, strike out, in the 24th line, the words " the same," and in- 
sert the words " at the," and after the words " rate of," insert " six 
per cent, per annum." 

Which amendments of the Senate were severally read and agreed to 

Ordered, That the Clerk inform the Senate thereof. 

A message from the Senate, by Mr. Wilson, their Secretary. 

Mr. Speaker : ^ 

I am directed by the President of the Senate, to inform the House 
of Representatives that the Senate has passed House bill No. 158 
with the following engrossed Senate amendments, to-wit : 

By a substitute for said bill, and "an amended title" in which the 
concurrence of the House is respectfully requested. 

Also, that the Senate has passed engiossed House bill No. 212, 
entitled a bill to legalize the appraisement of the real estate made 
under the provisions of the act entitled " an act to provide for the 
appraisement of the real estate and prescribing the duties of officers 
in relation thereto," approved December 21, 1858. 

I am further directed by the President of the Senate, to inform 
the House of Representatives that the Senate has refused to concur 
in engrossed House amendments to Senate bill No. 196, entitled "an 
act concerning habeas corpus. 

And further, that the President has signed enrolled acts of the 
House, Nos. 78 and 106 and the same are herewith returned. 

Mr. Milroy from the special committee on Agricultural Colleges 
made the following minority report : 



424 

Mr. Speaker: 

The committee to whom was referred the matters in reference to 
the Agricultural College, have had the same under consideration, and 
a minority of said committee have directed me to report that in their 
opinion it would be to the interest of a successful operation of said 
college. That the same be located in Tippecanoe county, provided 
the donation of the college building and lands proposed to be donated 
by the citizens thereof, be fully conveyed and warranted to the State 
to the satisfaction of the Governor and the ten thousand dollars 
oifered, paid to the persons authorized to receive the same within 
three months from the acceptance of their offer by the Legislature.. 

John B. Milroy. 

HiGdiNS Lane. 

B. F. Ferris. 

E. T. Sullivan. 
Which report was laid on the table. 

Mr. Buskirk moved to suspend the regular order of business and 
take up 

House bill No. G. A bill to establish an Agricultural College, 
wherein shall be taught such branches of learning as are related to 
Agriculture, including the Mechanic Arts and Military Tactics. 
Also such other branches of Science and Literature, as the General 
Assembly or the Trustees of said college shall direct, and to appro- 
priate funds for its endowment, support and maintenance, and to- 
provide a Board of Trustees for its management. 

The amendment heretofore reported was read. 

jNIr. Sim moved to strike out " Bloomington " wherever it occurs in 
said amendment and insert "Richmond."' 

Mr. Pettit moved to make said House bill No. 6, the special order 
for the day, tomorrow at 10 o'clock. 

Which was agreed to. . 

Mr. Buskirk moved that when the House adjourn it meet again at 
7 o'clock this evening. 

Messrs. Miller and Brown demanded the ayes and noes. 



425 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Brnnham, Buskirk, CahlwcU, Church, 
Cox, Crook, Davidson, Foulke, Glcason, Gregg, Gregory of Warren, 
Groves, Ilenricks, Hershey, Higgins, Hoover, Howard, Lassclle, Lee, 
Litson, Lockhart, Major, Miller, Montgomery, McVey, Olleman, 
Osborn, Prather, Reese, llhoads, Richard.son, lliford, Sabin, Shuey, 
Sim, Stewart, Stivers, Stringer, Stuckey, Sullivan of P. & V., Trusler. 
Upson, Welch, Woodruff, Wright, Woods, Zeigler and Mr. Speaker 
—51. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burnes, Burton, Burwell, 
Cowgill, Croan, Ferris, Glazebrook, Goodman, Griffith, Hamrick, 
Hargrove, Harrison, Hogate, Humphreys, Hunt, Lane, Lemon, Lopp, 
Milroy, Patterson, Perigo, Pinney, Richards, Shoaff of Allen, Shoaff 
of Jay, Stenger, Sullivan of Scott, Veach, W^eikel and White — 34. 

So the motion prevailed. 

Mr Branham by unanimous consent, offered the following resolution: 

Resolved, That there be a committee of three on the part of the 
House to act with like committee on the part of the Senate in rela- 
tion to the printing of the report of the Adjutant General, under 
the resolution of the House adopted on the 4tli of March, 1865, and 
that they report to this House the number of volumes, and the cost 
of the same, and such other information as may be necessary for the 
action of this in reference to the same. 

Which was agreed to. 

Mr. Cowgill, by consent, offered the following resolution : 

Resolved, That the President of the Sinking Fund Commissioners 
is required to report to this House what amount of the Sinking Fund 
IS not invested in the Bonds of the State under thie laws thereof, 
authorizing such investment, nor distributed to the counties according 
to the provisions of the act, approved March 1, 1859, authorizing 
iuch distribution. How long such portion of said fund, if any there 
be, has remained in the hands of the Sinking Fund Commissioners, 
or any member thereof, drawing no interest, and earning nothing for 
the State, or in any way increasing said Sinking Fund. Report whether 
any portion of said fund is distributed amongst the members of the 



426 

Board of Sinking Fund Commissioners, and if so, how much, and t(| 
whom? What have been the earnings of such portion or portions o; 
said fund as are not invested in bonds as authorized by law, nor dis' 
tributed to the counties, and to whose benefit have the same inured! 
Which was adopted. 

Mr. Woods, by consent, offered the following resolution : 

Whereas, For the purpose of reducing the expenses of the State 
and decreasing as much as possible the burthens of the people, ij 
is necessary that the State should be put on a peace footing ; there! 
fore, 

Be it Resolved, That the Committee of Ways and Means be re 
quired to inquire into the propriety of discontinuing all or some o 
the offices created and necessary in a time of war, and for the pur 
pose of obtaining the proper information they are requested to con 
fer with the Governor and the heads of the different Departments o 
the State, and if, on examination, they shall see that the expenses o 
such ofiice or offices can be diminished, they shall report, by bill o 
otherwise, proposing such plan as to them may seem just and propei 

Which was adopted. i 

Message from the Senate by Mr, Wilson, their Secretary : 

Mr. Speaker: 

I am directed by the President of the Senate to inform the Hous 
of Representatives that the Senate has passed the following en 
grossed bill of the Senate, in which the concurrence of the House i 
respectfully requested : 

Engrossed Senate bill. No. 301, entitled "an act in reference t 
public buildings of counties, and the grounds belonging thereto, an 
prescribing the duties of County Boards and Sheriffs with referenc 
to the same." 

Also, that the Senate has passed engrossed House bill, No. 14^' 
entitled " a bill to enable the Board of Dirctors of any incorporate- 
turnpike company to change the time of holding the election ( 
Directors." I 

Also, engrossed House bill, No. 177, entitled *' an act to ameni 
section 143 of an act entitled 'an act amendatory of an act t' 



427 

provide for tlie publication of delinquent taxes,' '" approved May 31, 
1861. 

Also, that the Senate has passed Senate Joint Resolution, No. 24, 
entitled "a joint resolution in reference to bounties for the soldiers 
of the Twelfth and Sixteenth Regiments Indiana Volunteers. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol- 
lowing report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report that 
they have examined enrolled act, (House of Representatives), No. 
47, and have compared the same with the engrossed copy thereof, 
and instruct me to report the same as in all respects properly ami 
f^orrectly enrolled. 

i 

On motion by Mr. -Higgins, 

' The House adjourned till 7 o'clock this evesiing. 



7 o'clock p. m. 
The House met. 

Mr. Gleason moved a call of the House. 

Which was ordered, and the following members answered to their 
'.ames : 

Messrs. Atkinson, Bonner, Boyd, Branhara, Burnes, Buskirk, Cald- 
jvell. Church, Cowgill, Cox, Croan, Crook, Davidson, Ferris, Foulkc, 
ijleason, Goodman, Gregory of Montgomery, Griffith, Groves, Ham- 
ick, Hargrove, Harrison, Henricks, Hershey, Higgins, Hogate, 
loover. Hunt, Lane, Lee, Lemon, Lockhart, Lopp, Major, Miller, 
lilroy, Montgomery, McVey, Olleman, Osborn, Perigo, Prather, 
teese, Rhoads, Richardson, Riford, Roach, Sabin, Shoafl" of Allen, 
hoaff of Jay, Shuey, Sim, Stewart, Stringer, Stuckey, Sullivan of 
'. and v., Thatcher, Trusler, Upson, Weikel, Welch, White, Wood- 
uflf, Wright, Woods and Mr. Speaker — 65. 

No quorum being present, 



428 

The doors were ordered to be closed, and the Doorkeeper direete 
10 send for absentees. 

Messrs. Brown, Boyd, Howard, Stuckey, Stivers and Zeigler wei 
reported present. 

Mr. ShoafF, of Jay, moved that further proceedings under the ca: 
1)0 dispensed with. 

Which was not agreed to. 

On motion, 
The foregoing named members were discharged from custody. 

Mr. Miller moved to dispense with further proceedings under tl. 
call. 

Which was agreed to. f 

Mr. Buskirk moved to suspend the order of business and take i 
House bills on second reading. 
Which was agreed to. 

HOUSE BILLS ON SECOND READING. 

House bill, No. 157 was read a second time, ordered to be e 
grossed, and passed to a third reading. 

House bill, No. 217 was read a second time, ordered to be e 
grossed, and passed to a third reading. 

House bill, No. 251 was read a second time. The amendmer 
heretofore reported, were also severally read and agreed to. 

The bill was ordered to be engrossed and passed to a third readir 

House bill, No. 256 was read a second time, ordered to be e 
grossed, and passed to a third reading. 

House bill, No. 259 was read a second time, ordered to be € 
grossed, and passed to a third reading. 

House bill No. 271 was taken from the table, and, 

On motion, 
Was placed on file. 



429 

House bill No. 262 was read a second time, ordered to be en-'rossed, 
nd passed to a third reading. 

Mr. Lane moved to reconsider the vote bj ^Yhich the House ordered 
louse bill No. 256 to a third reading. 
Which was agreed to. 

House bill No. 264 was read a second time. 

The amendments heretofore reported were read. 

1 The question being on adopting the first amendment, 

Mr. Gregory, of Warren, moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on the first amendment, 
It was agreed to. 

The question being on adopting the second and third amendments, 
They were agreed to. 

The bill was th«n ordered to be engrossed and passed to a third 
sading. 

House bill No. 256 was taken up. 

Mr. Lane offered the following amendment: 

Add the following new section : 

Sec. 6. Nothing in this act shall be construed to authorize any 
orporation to take possession of any part of the Wabash and Erie 
lanal. 

Which was agreed to. 

Mr. Buskirk offered the following amendment : 

And be it further provided, that nothing in this act shall prevent 
r deny the right of the writ for the assessment of damages. 
[ Which was agreed to. 



430 

Mr. Osborn moved to lay the bill and amendments on the table. 
Which was not agreed to. 

The bill was then ordered to be engrossed, and passed to a third 
reading. 

House bill No. 273 was read a second time. 
Mr. Higgins moved to indefinitely postpone said bill. 
Messrs. Brown and Lopp demanded the ayes and noes. 
Those who voted in the afiSrmative were, 

Messrs. Boyd, Branham, Barnes, Caldwell, Cowgill, Cox, Crook, 
Davidson, Ferris, Gleason, Gregory of Warren, Hershey, Higgins, 
Hoover, Miller, Montgomery, McVey, Newcomb, OUeman, Prather, 
Reese, Rhoads, Riford, Sabin, Stewart, Stivers, Stringer, Sullivan of 
V. and v., Upson, Welch, Woodruff, Wright and Zeigler— 35. 

Those who voted in the negative were, 

Messrs. Atkinson, Brown, Burwell, Buskirk, Church, Croan, 
Foulke, Goodman, Gregg, Gregory of Montgomery, GriflQth, Groves, 
Hargrove, Harrison, Henricks, Hogate, Howard, Hunt, Lasselle, Lee, 
Lemon, Lockhart, Lopp, Major, Milroy, Osborn, Perigo, Richardson, 
Roach, Shoaff of Allen, Shoaff of Jay, Sim, Stuckey, Thatcher, 
Trusler, White, Woods and Mr. Speaker — 3(3. 

So the bill was not indefinitely postponed. 

Mr. Burwell moved to recommit the bill. 
Which was not agreed to. 

The question being on the engrossment and third reading of said 
bill, 

Mr. Miller moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

Messrs. Woods and Brown demanded the ayes and noes. 



431 

Those -who voted in the affirmative were. 

Messrs. Brown, Buskirk, Croan, Gregg, Hargrove Harrison, 
Howard, Hunt, Lasselle, Lee, Lemon, Lopp, Milroj, Osborn, Pcric^o, 
iRhoads, Roach, Richardson, Shoaft' of Jav, Stuckey, Thatcher and 
I^Vhite— 22. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Burnes, Burwell. 
Caldwell, Church, Cowgill, Cox, Crook, Davidson, Ferris, Foulke, 
jleason, Goodman, Gregory of Montgomers, Gregory of Warren, 
Jriffith, Groves, Henricks, Hershey, Higgins, Hogate, Hoover, 
jockhart. Major, Miller, Montgomery, McVey, Newcomb, Olleman, 
*rather, Reese, Riford, Sabin, ShoafF of Allen, Sim, Stewart, Stivers, 
kringer, Sullivan of P. and V., Trusler, Upson, Welch, Woodruff, 
Vright, Woods, Zeigler and Mr. Speaker — 50. 

So the bill was not ordered to be engrossed. 

Mr. Sim moved that the House do now adjourn. 
Which was not agreed to. 

House bill No. 282 was read a second time. 

Mr. Groves moved to amend as follows : 

Strike out from the bill all which requires that the counties here- 
zfore sending their convicts to the Southern Prison shall hereafter 
:nd them to the Northern Prison. 

Which was not agreed to. 

, The bill was then ordered to be engrossed, and passed to a third 
jiading. 

Mr. Lasselle moved to suspend the order of business and take up 
ouse bill No. 309. 
Which was agreed to. 



House bill No. 809 was read a second time. The amendments here- 
fore reported were also read and agreed to. 



432 

The bill was then ordered to be engrossed, and passed to a third 
reading. 

Mr. Lopp moved that the House do now adjourn. 
Which was not agreed to. 

Mr. Newcomb moved to take up House bills on third reading. 
Which was agreed to. 

House bill No. 181 was taken up, with amendments. The firSl 
amendment was read. 

Mr. Newcomb moved to lay the bill and amendments on the table 
Which was agreed to. 

Mr. Burwell moved that the House do now adjourn. 

Which was not agreed to. ' 

House Joint Resolution No. 3 was read a second time, ordered t( 
be engrossed, and passed to a third reading. 

House bill No. 18 wns read a second time. The amendments here 
t^fore reported were also read and agreed to. 

The bill was then ordered to be engrossed, and passed to a thin 
reading. 

The Speaker announced the following select committee on the par 
of the House in regard to the Adjut;int General's Report: Messrs 
Branliam, Henricks and Cowgill. 

House bill No. 190 was read a second time. The amendment 
heretofore reported were also read. 

Mr. Stivers offered the following amendment : 

Amend by inserting after the words " except papers returned b; 
Township Assessors," the following, to-wit : " For filing lists returnei 
by Township Assessors and County Appraisers, one cent each." 

Which was agreed to. 

The amendments reported by tlie Committee, as amended, wer 
then agreed to, and said bill was ordered to be engrossed and passe 
to a third reading. 



433 

Mr. Woods obtained \eave, and reported that Mr. Milroy wa3 enti- 
tled to mileage for one hundred and sixty-six miles. 
Which was agreed to. 

On motion by Mr. Milroy, 
The House adjourned. 



WEDNESDAY MORNING, 9 o'clock, 1 
r December 13, 1865. j 

The House met pursuant to adjournment, and was called to order 
by the Clerk, when, 

On motion by Mr. James, 
Mr Hamrick was called to the Chair. 

The reading of the Journal of yesterday was, on motion by Mr. 
Spencer, dispensed with. 

The Journal, as reported, was then approved. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Hoover : 

A petition on the subject of education. 

"Which was referred to the Committer* on Education. 

By Mr. Ferris : 

A memorial from the Board of Commissioners of Ripley county, 
asking for a modification of the law for the relief of the families of 
soluiers, &c. 

Which was referred to the Committee on Ways and Means. 

By Mr. Shuey : 

A petition on the subject of education. 
Which was referred to the Committee on Education. 
H. J.— 28 



434 

By Mr. James : 

A petition on the subject of temperance, from citizens of Grant 
county. 

Which was referred to the Committee on Temperance. 

By Mr. Lopp : 

A memorial from the Board of Commissioners of Harrison county, 
asking for a modification of the law for the relief of the families of 
soldiers, &c. 

Which was referred to the Committee on Ways and Means. 

By Mr. Lemon : 

A memorial from the Commissioners of Harrison county, on the 
same subject. 

Which was referred to the Committee on Ways and Means. 

By Mr. O'Brien : 

A memorial from the Commissioners of Martin county, on the 
same subject. 

Which was referred to the Special Committee on the Soldiers' Home, 

By Mr. Church : 

A claim from J. L. Sailors for $16.75. 

Which was referred to the Committee on Claims. 

Also, a claim from Dorsey & Layman, for $1.00. 
Which was referred to the same committee. 

By Mr. Newcomb : 

A claim from Andrew Wallace, for beef furnished Insane Asylum 
amounting to $1,^32.45. 

Which was referred to the Committee on Claims. 

ByMr, Abbett: 

A claim from Cox & Brandt, for writing fluid, $9.00. 
Which was referred to the Committee on Claims. 



435 

By Mr. Veach: 

A claim from W. R. Hogshire & Co., for ^53.30. 
Which was referred to the Committee on Claims. 

REPORTS OF COMMITTEES. 

Mr. Groves, from the Committee on State Prison South, made the 
following report : 

Mr. Speaker: 

The Committee on the State Prison, South, to whom was referred 
House Bill No. 316, have had the same under consideration, and 
would recommend that the further consideration of the same be in- 
<lefinitely postponed. 

Which was agreed to. 

Mr. Groves, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee on Claims, to whom was referred the claim of W. 
L. Smith for $20 for coal furnished for the use of House session of 
1865, have had the same under consideration, and have instructed me 
to report the same back and that an allowance for the same be incor- 
porated in the specific appropriation bill. 

Which report was concurred in, and the same was referred to the 
Committee on Ways and Means, with instructions to incorporate the 
same in the specific appropriation bill. 

Mr. Gregory of Montgomery, from the Committee on Sinking 
Fund, made the following report : 

Mr. Speaker: 

The Sinking Fund Committee, to whom was referred House bill 
No. 222, have had the same under consideration, and have directed me 
to report said bill back with the following amendments, to-wit: 

Strike out the word "thirty" where it occurs in the first- section, 
and insert the word "twenty," and when so amended we recommend' 
the passage of said bill. 

Which report was laid upon the table: 



436 

Mr. Burns, from the Committee on Rights and Privileges, made 
the following report : 

Mr. Speaker: 

The Committee on Rights and Privileges, to whom was referred 
House bill No. 150, have had the same under consideration, and 
recommend that said hill be amended by striking out the words 
"twenty-five" in the 9th line thereof and insert the words "thirty- 
three," and amend further by striking out the word "fifty" in the 
10th line thereof, and insert the words "sixty-seven" and upon the 
adoption of said amendments a majority of the Committee recom- 
mend that the bill do pass. 

Which report was laid upon the table. 

Mr. Griflith, from the Committee on Benevolent Institutions, made 
the following report : 

Mr. Speaker: 

The Committee on Benevolent Institutions of the State, to whom 
was referred Senate bill No. 201, "a bill to provide for the care and 
treatment of the incurable insane of the State of Indiana, and matters 
properly connected therewith," have had the same under donsider- 
ation, and do hereby respectfully recommend the passage thereof 

Which report was laid upon the table. 

Mr. Shuey, from the Committoe on Temperance made the follow- 
ing report : 

Mr. Speaker : 

The Committee on Temperance, to whom was referred House bill 
No. 30(5, entitled a bill to regulate and license the sale of intoxica- 
ting liquors &c,, beg leave to report that they have hnd the same 
under consideration, and report the same back to the House, with a 
recommendation that it do pass, after adopting the following amend-^ 
ments : 

Amend by adding the following : 

Sec. 18. This act shall not be construed to revoke or annul any, 
license issued to a retailer of intoxicating liquors in pursuance of the, 
laws now in force, but in all other respects such retailers shall be sub- 



437 

ject to the provisions hereof, nor shall this act work a discontinuance 
of any peneling prosecution for the violation of any act now in force, 
but the same shall proceed to final judgment in the same manner as 
if this act had not been passed. 

Sec. 19. There being an emergency for the taking effect of this 
act before the publication and distribution of the laws enacted during 
the present session of the General Assembly among the several 
counties of the State, the same shall be in force from and after the 
15th day of January next, and the Secretary of State shall cause the 
same to be immediately published in one or more newspapers of the 
City of Indianapolis, and as soon as practicable thereafter shall mail 
a copy of such newspapers to the clerk of the Circuit Court of each 
county of this State, who shall file the same in his office for the 
inspection of the citizens of such county. 

Which report was laid upon the table. 

Mr. Montgomery, from the Joint Committee on Enrolled Bills, 
made the following report : 

Mr. Speaker: 

The Joint Committeo on Enrolled Bills, to whom was referred 
enrolled House bill Nos. 149 and 177, have directed me to report 
that they have carefully compared them Avith the original copies 
thereof, and find them in every respect correctly enrolled. 

Which was laid on the table. 

REPORTS OF SPECIAL COMMITTEES. 

Mr. Osborn, from the special committee on resolution No. 31, made 
the following report : 

Mr. Speaker : 

The select committee, to whom was referred resolution No. 31, 
(introduced by Mr. Osborn,) inquiring into the expediency of report- 
ing a bill to make a lien upon county orders for the payment of taxes, 
kc, have had the same under consideration, and a majority of said 
committee instruct me to report that it is inexpedient to legislate 
upon that subject at this time, and ask to be discharged from the fur- 
ther consideration thereof. 

Which report was laid on the table and the committee discharged. 



438 

Mr. Newcorab, from the special committee on Senate bill No. 198, 
made the following report : 

Mr. Speaker : 

The select committee, to whom was referred Senate bill No. 198, 
entitled "an act repealing an act for the relief of the families of 
soldiers, seamen and marines, and sick and wounded Indiana soldiers 
iti Hospital in the State and United States service, and of those who 
have died or been disabled in such service, anl prescribing the duties 
of certain oflEicers therein named," approved March 4, 1865, have 
had the same under consideration, and instruct me to report the same 
back, with the recommendation that the bill be stricken out from the 
enacting clause, and, in lieu thereof, that the accompanying amend- 
raendment be ijiserted. 

Section 1. So much of the act of the General Assembly of March 
4, 1865, entitled " an act for the relief of the families of soldiers, 
seamen and marines, and sick and wounded Indiana soldiers in hos- 
pitals in the State and United States service, and of those who have 
died or been disabled in such service, and prescribing the duties of 
efiicers therein named," as provides for the levy and collection of a 
property and poll tax for the year eighteen hundred and sixty-six be, 
and the same is hereby, repealed. 

Sec. 2. The amount assessed and already collected, and to bo 
hereafter collected, in pursuance of the provisions of said act for the 
year one thousand eight hundred and sixty-five, shall be disposed of 
as follows, to-wit: 

Fifteen per centum thereof shall be paid into the State Treasury, 
and shall be sacredly and solely held and applied for the persons who 
may wish to avail themselves of the same, and for the uses herein 
declared, in such manner as may be provided by law, namely : 

1st. For the permanent support and comfort of persons who have 
lieen in the military service, whether of the State or of the United 
States in the late war for the suppression of the rebellion, and who 
are now, or shall become, permanently and wholly disabled by reason 
of wounds or disease incurred in the line of duty. 

2d. For the comfortable support and education of such persons 
vfho are now, or may become for such reason, permanently disabled 
but not wholly so, in order that they may become self-supporting in 
whole or in part. 

3d. For the comfortable support and education of orphan child- 



439 

ren without living parents, Avhose fathers died in actual military ser- 
vice as aforesaid, or whose fathers have since died, or shall hereafter 
die by reason of disability from wounds or disease incurred in the 
line of duty in such service. 

The residue of said sum so collected shall form a part of the _(];en- 
eral fund of the proper counties. And it is hereby made the duty 
of the Board of Commissioners of the several counties to provide in 
a liberal manner, from such general fund, for the necessary support 
of needy persons of the following classes, to-wit : First. Non- 
commissioned officers and soldiers who have been and are now, or 
shall hereafter become disabled by reason of wounds or disease 
incurred or contracted in the line of duty in the service of the State, 
or of the United States, in the late war for the suppression of the 
rebellion. Second. The wives and children cf such. Third. The 
widows and children of all officers and soldiers who were killed or 
died from wounds or disease, done or contracted in the line of duty 
in such service, or who have since died, or shall hereafter die from 
any of such causes. 

Which report was laid on the table. 

Mr. Patterson, from the select committee on House bill No. 284, 
made the following report : 

Mr. Speaker : 

The select committee, to v/hom was referred House bill No. 284, 
" an act to provide for the election of Boards of Directors for rail- 
roads incorporated by the laws of this State, and prescribing their 
qualifications," have had the same under consideration, and directed 
me to add the folh^wing section to the bill, to-wit : 

Sec. 3. That all railroad companies, organized under any law ol 
this State, shall be required to keep their principal office for the trans- 
action of business within this State at some point on the line of their 
road. 

Change emergency clause from section 3 to section 4, and when S( 
amended recommend its passage. 

Which report and amendments were laid on the table. 

Mr, Burton, from the select committee on the memorial of Nathan 
Brown, presented the following: 

Me. Speaker: 

The select committee, to whom was referred the memorial of 



440 

Nathan Brown, have had the same under consideration and have- 
instructed me to report the same back to the House, together with 
the following Joint Resolution, recommending its passage without 
unnecessary delay. 

A Joint Resolution providing for a reward to one Nathan Brown, 
fixing the condition upon which the same shall be paid ; appointing a 
committee to act in the premises, prescribing their powers and duties- 
and fixing their compensation. 

Was read a first time and passed to a second reading. 

Mr. Cox, from the Committee of Ways and Means, made the 
the following report : 

Mr. Speaker : 

The Committee of Ways and Means, to whom was referred House 
bill No. 208, have had the same under consideration and have directed 
me to offer the following bill as a substitute therefor : 

A bill to amend an act entitled " an act to provide for a general 
system of common schools, the otficers thereof, and their respective 
powers and duties, and matters properly connected therewith, and 
prescribing the fees for certain officers therein named, and for the 
establishment and regulation of Township Libraries, and to repeal 
all laws inconsistent therewith, providing penalties therein prescribed," 
approved March 6, 1865, and also, an act supplemental thereto ; 
providing for the separate enumeration of color-ed children, pre- 
scribing the duties of Township Trustees in relation thereto, and 
declaring an emergency. 

Section 1. Be it enacted hy the General Assembly of the State of 
Indiana, That section first of the above recited act which reads as 
follows : 

"Section 1. Be it enacted hy the General Asseinhly of the State of 
Indiana, That there shall be annually assessed and collected, as State 
and County revenues are assessed and collected, sixteen cents on 
each one hundred dollars of taxable property, real and personal, in 
the State, and fifty cents on each taxable poll, for the purpose of 
supporting a general system of common schools : Provided, hoivever, 
that the taxes aforesaid shall not be levied and collected from negroes 
nor mulattoes," be it so amended as to read as follows : 



441 

Be it enacted by the General Assetnbli/ of the State of Indiana, 
That there shall be annually assessed and collected, as State and 
County revenues are assessed and collected, sixteen cents on each 
one hundred dollars of taxable property, real and personal, in the 
State, and fifty cents on each taxable poll, for the purpose of support- 
ing a general system of common schools. 

Sec. 2. Be it further enacted, That the Trustees of the several 
townships, towns and cities shall between the first day of July and 
the first day of September in each year make an enumeration of the 
colored children within their respective townships, towns or cities, 
said enumeration shall be kept separate and distinct from the enumer- 
ation of white children in a book provided for that purpose, and shall 
state the number of such colored children within their respective 
townships, towns and cities, exclusive of married persons, and the 
provisions of section fourteen of said act, approved March 6, 1865, 
shall in all respects apply to the provisions of this act. 

Sec. 3. Be it further enacted. That when such persons as are 
mentioned in this act can be better accommodated at the school of an 
adjoining township or district or of any incorporated town or city 
the Trustee of the township, town or city in which such persons 
reside shall, if such persons so request at the time of making the 
enumeration, transfer them for educational purposes to such township, 
town or city and notify the trustee of such transfer, which notice 
shall furnish the enumeration of the children so transferred, and each 
trustee shall with his report of the enumeration, report distinctly the 
the persons so transferred to his township, town or city for school 
purposes indicating in said report, the number of children in charge 
of the persons so transferred with the same particularity that is 
observed in the enumeration. 

Sec. 4. Be it further enacted, That in any school district where 
there is a sufficient number of colored children to form a school, or 
a district can be formed containing a sufficient number of colored 
children to form a school, the township Trustee in which said district 
is situated, or if said district is formed from more than one township, 
or district, then the Trustees of the townships from which such 
iistrict is formed, shall provide a school for such colored children, 
and expend their proper proportion of the school funds, for the 
benefit for such schools. 



442 

Sec, 5. It is hereby declared that an emergency exists for the 
immediate taking effect of this act ; it shall therefore take effect and 
be in force from and after its passage. 

Which report was laid on the table, and made the special order for 
to-morrow night at 7 o'clock. 

Mr. Stewart from the Committee on Engrossed Bills, made the fol- 
lowing report : 

Mr. Speaker : 

The Committee on Engrossed Bills, to whom was referred engrossed 
House bill No. 309, entitled, " a bill authorizing boards of county 
commissioners to make appropriations in aid of the location or con- 
struction of manufi'Cturing establishments or machine shops," have 
carefully compared the engi'ossed bill with the original bill, and find 
that the same has, in all respects, been accurately and correctly; 
engrossed. 

Which report was laid upon the table. 

Mr. Newcomb obtained permission, and introduced the following 
resolution : 

Resolved, That hereafter, no member of the House shall speak 
more than ten minutes at any one time ; to take effect on and after 
to-morrow, Dec. 14, 18(35 : Provided^ that on House bill No. 208, 
the time may be extenled to twenty-five minutes. 

Mr. Buskirk moved to amend as follows : 

Provided, That two-thirds of the House may permit further time 
not exceeding twenty-five minutes. 

Mr. Groves moved that all pending amendments be laid on the 
table. 

Which was agreed to. 

Mr. Dunham moved to amend by making the rule take effect on 
and after to-morrow. 

Mr. Brown moved to lay the whole subject on the table. 
Messrs. Groves and Brown demanded the ayes and noes. 



443 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burnes, Burton, Burwell, 
Buskirk, Chambers, Croan, Dunham, Glazebrook, Gregnr^ Ilamrick, 
Hargrove, Harrison, Humphreys, Hunt, Lee, Lemon, Lopp, Milrov, 
O'Brien, Patterson, Perigo, Rice, Richards, Richardson, Roach, 
ShoafF of Allen, Shoaff of Jay, Sim, Spencer, Stenger, Stuckey, Sul- 
ivan of P. and V., Thatcher, Veach, Weikel, White and Wright — 41. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Caldwell, Church, Cowgill, Cox, Crook, 
Davidson, Foulke, Gleason, Goodman, Gregory of Montgomery, 
jrregory of Warren, Griffith, Groves, Henricks, Hershey, Higgins, 
3ogate, Hoover, James, Lane, Litson, Lockhart, Major, Miller, 
VIontgomery, McVey, Newcomb, OUeraan, Osborn, Prather, Reese, 
ihoads, Riford, Sabin, Shuey, Stewart, Stivers, Stringer, Sullivan of 
5Cott, Trusler, Upson, Welch, Woodruff, Woods, Zeigler and Mr. 
speaker — 48. 

So the motion to lay on the table was not agreed to. 

Mr, Groves moved the previous question, 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on the amendment by Mr. Dunham. 
It was agreed to. 

The question being on the Resolution as amended. 
It was agreed to. 

Mr. Sim obtained permission, and introduced the following con- 
urrent resolution : 

Vhereas, The State Capitol building contains valuable records and 
archives of the State, the loss of which would be irreparable, 
therefore, 

Resolved, By the House, the Senate concurring, that the Joint 
!ommittee on Public buildings be, and they are hereby instructed to 
onfcr with the Governor, Adjutant General, Clerk of the Supreme 
)ourt, and State Librarian, as to the present plan of guarding the 
lapitol Building, and whether additional measures should be taken 



444 

for the security of the public records and archives under their charge : 
and said committee is directed to report by bill or otherwise. 

Which concurrent resolution was agreed to, and the clerk directed 
to inform the Senate. 

Mr. Caldwell obtained permission and introduced the following 
concurrent resolution : 

■ I 

Whereas, It is desired that some definite expression should be made 
by this General Assembly in relation to the reconstruction policy 
of President Johnson, therefore 

Be it resolved {the Senate conmrring)^ that it is the sense of this 
General Assembly of this State, that in the reconstruction of the 
government of the States lately in rebellion against the government 
and authority of the United States, each State shall be left free to 
choose for itself its own system of political franchises. 

Which concurrent resolution was referred to the Committee on 
Federal Relations. 

A message from the Senate by Mr. Wilson their Secretary. 

Mr. Speaker: 

I am directed by the President of the Senate to inform the House 
of Representatives that the Senate has concurred in the following 
resolution of the House : 

Resolved, That there be a committee of three on the part of th( 
House, to act with a like committee on the part of the Senate, in' 
relation to the printing of the Adjutant General's report, under the 
resolution of the House adopted on the 4th of March, 1885, and 
that they report to this House the number of volumes and the cost 
of the same, and such other information as may be necessary for the 
action of this House in reference thereto ; and that the President has 
appointed Messrs. Cason, Cobb and Beeson as such committee on 
the part of the Senate. 

Also, that the President of the Senate has signed enrolled acts o; 
the House Nos. 47, 149 and ] 77, and the same are hereby returned. 

Mr. Rhoads, from the Committee on Enrolled Bills, made the fol 
lowing report: 



445 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report that on 
the 13th d;iy of December, 1865, at 111 o'clock, A. M., they presented 
to His Excellency, Conrad Baker, acting Governor of the State 
enrolled acts ([louse of Representatives) Nos. 47, 149 and 177 for 
his approval and signature. 

The Speaker announced that he had signed House bills Nos. 47, 
149 and 177. 

Mr. Montgomery, from the Committee on Enrolled Bdls, made the 
! following report: 

Mr. Speaker ; 

The Joint Committee on Enrolled Bills, to whom \vns referred 
HoMse bill iNo. 212, have carefully compared the same with the 
engrossed copy thereof, and have directed me to report that they 
find the same in all respects correctly engrossed. 

Which report was concurred in. 

Tlie Speaker announced that he had signed House bill No. 212. 

Mr. Rhoads, from the Joint Committee on Enrolled Bills, made 
the following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills respectfully report that on 
Tuesday, December 12, 18G5, at 3^ o'clock, P. M., they presented to 
His Excellency, Conrad Baker, acting Governor of the State, House 
bills Nos, 79 and 106, for his approval and signature. 

Which report was concurred in. 

SPECIAL ORDER OF THE DAY. 

The hour having arrived for the consideration of the special order 
for the day. House bill No. 6 was taken up. 

House bill No. 6. A bill to establish an Agricultural College, 
wherein shall be taught such branches of learning as are related to 
Agriculture, including the Mechanic Arts and Military Tactics. 
Also such- other branches of science and literature as the General 



446 

Assembly or the Trustees of said College shall direct, and to appro 
priate funds for its endowment, support and maintenance, and to pro 
vide a Board of Trustees for its management. 

The pending question on adjournment yesterday was the motior 
made by Mr. Sim to strike out " Bloomington," wherever the same 
occurs, and insert " Richmond." 

On motion by Mr. Buskirk, 
The House adjourned. 



2 o'clock p. m. I 

The House met. 

Mr. Hamrick in the Chair. 

Mr. Branham asked unanimous consent to take up House bill 
No. 158. 

Which was agreed to. ' 

House bill No. 158 was taken up, and referred to the Committee 
on "Ways and Means. 

Mr. Shoaif, of Allen, by consent, introduced 

House bill No. 320. A bill to regulate swing bridges across the 
several canals, feeders, rivers and streams in this State, prescribing 
a penalty for injuring the same, or interrupting the free passage 
thereof, and matters properly connected therewith, and declaring an 
emergency. 

Which was read a first time, and referred to a select committee of 
three. 

The Speaker announced the following special committee on House 
bill No. 820 : Messrs. Shoaff of Allen, Miller and Lasselle. 



447 

A message from the Governor, by Mr. Jacobs, his Secretary: 

Mr. Speaker : 

I am directed by His Excellency, the Governor, to inform your 
honorable body that he has approved and signed the following enrolled 
House bills : 

No. 78. An act to provide for the sale of certain lands belono-inf 
to the State of Indiana, in the counties of Jasper and Newton, and 
to give pre-emption to actual settlers thereon. 

No. 106. An act authorizing the construction of warehouses for 
the inspection, storage and sale of tobacco. 

No. 149. An act to enable the Board of Directors of any incor- 
porated turnpike company to change the time of holding the election 
of Directors. 

No. 177. An act to amend section 143 of an act entitled " an 
act amendatory of an act to provide for the publication of delinquent 
taxes," approved May 31, 1861. 

And that the same have been deposited in the office of the Secre- 
tary of State. 

A messuage from the Senate, by Mr. Wilson, their Secretary : 

Mr. Speaker: 

I am directed by the President of the Senate, to inform the House 
of Representatives that the Senate has passed the following resolu- 
tion : 

Mesolved, That the Secretary of the Senate inform the House that 
House bill No. 47 was passed by the Senate as it came from the 
House, without any amendment thereof, and that if any amendment 
was believed by the House to have been made by the Senate, such 
belief was unfounded, and that the Senate regards the said bill as 
having' legally passed both branches, the same as when it passed the 
House, and in that form will become a law, on being signed by the 
Speaker of the House and the President of the Senate, and approved 
by the Governor. 

A copy of which resolution is herewith submitted. 



448 

SPECIAL ORDER FOR THE DAY. 

House bill No. 6 was under consideration. The pending question 
was the motion made by Mr. Sim, to strike out " Bloomington " and 
insert "Richmond." 

Mr. Sim withdrew, hy unanimous consent, his proposed amend- 
ment. 

Mr. Gregory, of Warren, moved the previous question. 
Which was seconded by the House. 

The question being on adopting the report submitted by the minority 
of said committee, 

Messrs. Buskirk and Harrison demanded the ayes and noes: 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Branham, Brown, Caldwell, Church, i 
Cowgill, Cox. Croan, Davidson, Ferris, Glazebrook, Gleason, Gregory 
of Montgomery, Gregory of Warren, Griffith, Groves, Henricks, 
Hershey, Higgins, Hoover, James, Lune, Lockhart, Miller, Milroy, 
Montgomery, Prather, Riford, Roach, Sabin, Shoaff of Allen, Shuey, 
Sullivan of P. and V., Upson, Wright, Woods, Zeigler and Mr. 
Speaker — 37. i 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burwell, Buskirk, Chambers. 
Crook, Dunham, Foulke, Goodman, Gregg, Hargrove, Harrison,. 
Hogate, Howard, Humphreys, Hunr, Kilgore, Lasselle, Lee, Lemon, 
Litson, Lnpp, McVey, INewcomb, O'Brien, Osborn, Patterson, Perigo, 
Pinney, Reese, Rice, Richards, Richardson, Shoaff of Jay, Sim, 
Spencer, Stewart, Stenger, Stuckey, Sullivan of Scott, Thatcher, 
Veach, Weikel, Welch, White and Woodruff— 47. 

So said minority report was not adopted. .. . 

Mr. Gregory, of Warren, moved to reconsider the vote ordering 
the previous question. 

Mr. Brown moved to lay the motion to reconsider on the table. 
Which was agreed to. 



449 

The question being on concurring in the report submitted by the 
majority of said committee, 

Messrs. Miller and Buskirk demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burnes, Burwell, Buskirk 
Chambers, Coffioth, Crook, Dunham, Goodman, Gregg, Groves, Har- 
rison, Hogate, Howard, Humphreys, Hunt, Lasselle, Lee, Lemon 
Litson, Lopp, Newcomb, O'Brien, Osborn, Patterson, Perigo, Pinney 
Reese, Rice, Richards, Richardson, Roach, ShoafF of Jay, Spencer, 
Stenger, Stuckey, Sullivan of Scott, Thatcher, Veach, Weikel, Welch, 
White, Woodruff and Wright— 48. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Caldwell, Church, Cowgill, Cox, Croan, 
Davidson, Ferris, Foulke, Glazebrook, Gleason, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Hamrick, Hargrove, Henricks, 
Hershey, Higgins, Hoover, James, Kilgore, Lane, Lockhart, Major, 
Miller, Milroy, Montgomery, McVey, Newcomh, Prather, Rhoads, 
Riford, Sabin, Shoaff of Allen, Shuey, Sim. Stewart, Sullivan of P. 
and v., Upson, Woods, Zeigler and Mr. Speaker — 48. 

So the majority report was concurred in. 

Mr. Pettit moved to strike out the amendment proposed by the 
committee, and substitute the following : 

" The Governor is directed and required to appoint a commission, 
consisting of five discreet persons, selected equally from the several 
parts of the State, well acquainted with agriculture and mechanical 
industry ; which Commissioners, having been first qualified by an 
oath faithfully to discharge the duties of such commission, shall pro- 
ceed, and by personal examination and comparison, fix the location 
of the Indiana Agricultural College, provided for by the act of the 
General Assembly, approved March 6, 1865, having reference to the 
following conditions and considerations as indispensable, to wit: 

That the location of the College shall be fixed with reference to 
healthfulness of the vicinity, ease of access from all parts of the 
State, and the importance and prosperity of the mechanical and agri- 
cultural industry of the place where it shall be fixed, and in the sur- 
H. J.— 29 



450 

rounding country. That there shall be first donated, for the purpose 
of the College, a quantity of land not less than one hundred acres, 
of indisputable title, which, including suitable buildings thereon, or 
the value of agreements with reference to buildings to be erected 
thereon, or agreements with reference to buildings, or other property, 
useful and proper for such a College, shall at the time be of the fair 
value of one hundred thousand dollars. 

That said Commissioners shall be, and are hereby authorized to re- 
ceive grants, donations and conveyances of land, or other property, 
or agreements with freehold surety ; the same being taken in the name 
of the State of Indiana, and which shall be first delivered, and which 
said Commissioners are authorized on behalf of the State to accept. 
Said Commissioners, when said location shall be so fixed, shall make 
several certified reports thereof to the Treasurer of the State, and to 
the Trustees of the Indiana Agricultural College; which said Trus- 
tees shall at once take charge of said land, and other property, and 
the same shall thereafter be the absolute property of the State, and 
shall be the Indiana Agricultural College."' 

On motion by Mr. Kilgore, 
The House adjourned. 



THURSDAY MORNING, 9 o'clock, "| 
December 14, 1865. / 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem' 
bers answered to their names : 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Burnes, Caldwell,. 
Church Collins, Cowgill, Croan, Crook, Drvidson, Ferris, Glazebrook, 
Gleason, Goodman, Gregg, Gregory of Montgomery, Gregory of 
Warren, Griffith, Groves, Hamrick, Hargrove, Hershey, Hogate 
Hoover, Howard, Humphreys, Hunt, James, Lane, Lasselle, Lee, 



451 

Major Miller, Milroy, Montgomery, McVej, Newcorab, OUeman, 
Osborn, Patterson, Pinney, Prather, Reese, Rhoads, Rice, Richards, 
Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shuey, Spencer*, 
Stewart, Stenger, Stringer, Stuckey, Upson, Veach, Weikel, White, 
Woodruff, Wright, Woods and Mr. Speaker — 67. 

A quorum being present, a further call of the House was dispensed 
with. 

The Clerk proceeded to read the Journal of yesterday, when, 

On motion, 
Its further reading was dispensed with. 

The Journal, as reported, was then approved. 

PETITIONS, MExMORIALS AND REMONSTRANCES. 

By Mr. Burnes : 

A petition from sundry citizens, asking a repeal of the " Black 
Laws." 

Which was referred to the Committee on the Rights and Privileges 
of the Inhabitants of the State. 

By Mr. Speaker : 

A petition on the subject of temperance. 

Which was referred to the Committee on Temperance. 

A message from the Senate by Mr. Wilson, their Secretary, 

Mr. Speaker : 

I am directed by the President of the Senate to inform the House 
of Representatives that the Senate has passed the following engrossed 
bills thereof, to-wit : 

Engrossed Senate bill No, 174, entitled " an act to provide for the 
protection of wild game, defining the time in which the same may be 
taken or killed, and declaring the penalty for the violation of this 
act ; repealing all laws inconsistent therewith, and declaring an emer- 
gency." 

Also, engrossed Senate bill No. 218, entitled " an act to amend an 



452 

act entitled ' an act to discourage the keeping of useless and sheep- 
killing dogs, and providing penalties for the violation of any of the 
provisions of said act by oflBcers and others, and also repealing ' an 
act to license dogs/ approved March 11, 1861, and providing that 
nothing in this act shall be so construed as to conflict with the pro- 
visions of an act entitled ' an act for the protection of sheep,' approved 
June 18, 1852,' approved March 2, 1865." 

Also, engrossed Senate bill No. 281, entitled " an act to amend an 
act entitled ' an act to fix the amount of the salary of the State Libra- 
rian, and repealing all laws conflicting therewith,' and to dispense with 
an Assistant Librarian and Clerk," approved March 4, 1859. 

In which the concurrence of the House is respectfully requested. 

REPORTS OF COMMITTEES. 

Mr. Branham, from the Committee of Ways and Means, made the 
following report : 

Mr. Speaker: ■ •,:'' 

The Committee of Ways and Means, to whom was referred House 
bill. No. 159, have had the same under consideration, and have di- 
rected me to report the bill back to the House and recommend its 
passage. • , ■ , » 

Which report was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made the 
following report : . , ; 

Mr. Speaker: , , . 

The Committee on the Judiciary, to whom was referred the peti- 
tion of E. F. Dickey and other lawyers of Miami county, praying 
for the repeal of all laws disqualifying Indians residing within this 
State from testifying in cases where white persons are parties in 
interest, have bad the same under consideration, and instruct me to 
report that as the House has already acted upon the subject matter 
of the petition, further legislation is unnecessary, and they ask to be 
discharged from the further consideration of the subject. 

Which report was laid upon the table. 



453 

Mr. Newcomb. from the Committee on the Judiciary, made the 
following report : 

Mr Speaker : 

The Committee on the Judiciary, to whom was referred House 
Joint Resolution No. 23, entitled " a Joint Resolution to amend the 
11th section of the 4th article of the Constitution, so as to consti- 
tute a majority of the members elected to each House of the Gen- 
eral Assembly a quorum to do business," have had the same under 
under consideration, and have instructed me to report the same back 
and recommend its passage. It seems to the Committee that the 
legislative history of the State, since the adoption of the present 
Constitution, is the strongest possible argument in favor of the pro- 
posed amendment. The power now given to a minority — a power, too, 
that has been frequently exercised — to suspend the legislative power 
of the State by a withdrawal from the house of which such minority 
are members, is opposed to the principles of a representative govern- 
ment, and makes the minority more powerful than the majority, as 
one-third of either house may prevent the passage of a bill, while 
the Constitution requires the affirmative vote of all the members 
elected to each house, when a quorum of two-thirds or more is pre- 
sent. 

The inconvenience of the present rule is further illustrated by the 
difficulty experienced in keeping a quorum present for the transac- 
tion of business. The sickness of members, and the necessary 
absence of others, frequently compel a clear majority of either 
house to suspend business, to the great detriment of the State and 
the prejudice of its Treasury. 

Which report was laid upon the table. 

Mr. Gregory, from the Committee on Education, made the follow- 
ing report : 

Mr. Speaker : 

The Committee on Education, to whom was referred the memo- 
rial and petition of C. P. Newkirk and others, asking the Legislature 
to so amend the School Law that the teachers of common schools be 
required to possess less qualifications as competent teachers than is 
required by the present law, beg leave to report that that matter is 
now pending on a bill to amend section 35 of the School Law, offered 



454 

by Mr. Goodman, from Crawford county, and is at the pleasure of 
this General Assembly. 

Which report was laid on the table. 

Mr. Burnes, from the Committee on Rights and Privileges, made 
the following report: 

Mr. Speaker: 

The Committee on Rights and Privileges, to whom was referred 
Senate bill No. 27, entitled " an act to amend section four of an act 
entitled ' an act prescribing certain misdemeanors punishable only by 
a Justice of the Peace,'" approved June 7, 1852, have considered 
the same, and report the bill back without amendment and recom- 
mend that the bill do pass. 

Which report was laid upon the table. 

Mr. Burnes, from the Committee on Rights and Privileges, made 
the following report : 

Mr. Speaker : 

The Committee on Ptights and Privileges, to whom was referred 
House bill No. 287, entitled " an act to amend the 43d section of an 
act providing for the settlement of decedents' estates, prescribing 
the rights, liabilities and duties of officers connected with the man- 
agement thereof, and the heirs thereto, and certain forms to be used 
in such settlement,'" have considered the same, and recommend that 
the further consideration thereof be indefinitely postponed. 

Which report was concurred in and laid on the table. 

Mr. Church, from the special committee, made the following report : 
^Ir. Speaker: 

The special committee, to whom was referred the matter of 
apportioning the State for Senators and Representatives in the Gen- 
aral Assembly, have had the same under consideration, a majority of 
whom direct me to report the following bill : 

[Copy not furnished the State Printer.] 

Which report was laid on the table. 



455 

Mr. lleece, from the select committee on Constitutional Amend- 
ments, made the following report: ,^^ ^ 

, -r _ I 6 '0 -> 

Mr. Speaker : 

The undersigned, majority of the select Committee on Constitution- 
al Amendments, to whom was referred House Joint Resolution No. 
22, entitled "a Joint Resolution proposing an amendment to section 
two, of article two, of the Constitution of the State, so as to extend the 
right of suffrage to females as well as males,"' have had the same under 
consideration and beg leave to report : 

That this proposition is a very novel and important one, and 
involves questions of the highest moment to the female sex in particu- 
lar, and to the community of the State in general. It has never be- 
fore, to the knowledge of this Committee, arisen in such form as to 
elicit discussion in any Legislative body, or by the public generally, 
and it is invested with many speculations as to the expediency and 
effect upon the condition of society. 

As a question of abstract right, the Committee have no doubt, that, 
in accordance with the principles of a democratic form of govern- 
ment, females are entitled to the right of suffrage. But as to the 
political and moral results of the grant and exercise of this right, they 
are not so clear ; yet in view of the past history and character of the 
female sex, in all ages and positions, the Committee are of the belief 
that the enforcement of this right by the Women of Indiana, would 
not only tend to exalt and ennoble the sex themselves, but would 
eventually tend to promote the general welfare. 

They would therefore respectfully recommend the passage of the 
Joint Resolution. 

Which report was laid on the table. ' 

Mr. Newcorab, from the special committee, made the following 
report : 

Mr. Speaker : 

The select committee, to whom was referred special message of the 
acting Governor, together with the communication of the Surgeon 
General of the United States Array, relative t^ the State of the 
Jeffersonville General Hospital, have had the same under considera- 
tion, and have directed me to report the following concurrent resolu- 
tion, and recommend its adoption to-wit : 



456 

A concurrent resolution in relation to the transfer of the United 
States General Hospital at Jeffersonville to the State of Indiana. 

Be it resolved by the House of Representatives, {the Senate concur- 
ring therein,) That the Lieutenant Governor, acting as Governor, is 
hereby authorized and directed to accept from the proper authorities 
of the United States, a transfer of the General Hospital at Jefferson- 
ville, with such equipment thereof as may be included in such trans- 
fer, and to recept therefore, in the name of the State of Indiana. 

And he it further resolved, that until the State shall, by law, pro- 
vide for the care and support of such disabled soldiers as may desire 
the benefits of a soldiers' home or asylum, the Executive may grant 
the use of said Hospital and its equipment to any private association 
that will answer the care of such disabled soldiers. . ,., - 

Which report was laid on the table. 

Mr. Newcomb moved to take up the resolution. 

Which was agreed to. , , 

Mr. Gregory moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on agreeing to said resolution. 

Mr. Brown moved to reconsider the vote ordering the previous 
question. 

Which was not agreed to. 

Mr. Burwell moved to lay the resolution on the table. 
Which was agreed to. . 

HOUSE BILLS ON FIllST RlilADING. 

By Mr Newcomb : 

House bill No. 321. A bill to establish a Soldiers' and Seamen's 
Home, and for the benefit of their widows, and orphans. 

Which was read a first time. ■ •. 

Mr. Huey moved that it be deemed expedient to suspend the con- 
stitutional rule requiring bills to be read on three several days by 



457 

sections, ami read said bill the second time, l)y title, now. 

The ayes and noes ^yere taken under the Constitution. 

Those ^Yho voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burnes, Caldwell 
Chambers, Church, Collins, Cowgill, Cox, Davidson, Ferris, Foulke, 
Gleason, Gregory of Montgomery, Gregory of Warren, Griffith 
Henricks, Hershey, Iliggins^ Hogate, Hoover, James, Kilgore, Lane, 
Lee, Liston, Lockhart, Major, Montgomery, McVey, Newcomb, Olle- 
man, Perigo, Prather, Reese, Rice, Richardson, Riford, Sabin, Shoaff 
of Allen, ShoafF of Jay, Shuey, Sim, Stewart, Stivers, Stringer,. 
Stuckey, Sullivan of P. and V., Thatcher, Upson, Veach, Weikcl,. 
Welch, Woodruff, Wright, Woods, Zeigler and Mr. Speaker — 61. 

_ Those who voted in the negative were, 

Messrs. Brown, Burwell, Croan, Crook, Dunham, Glazebrook,, 
Goodman, Gregg, Groves, Hargrove, Humphreys, Hunt, Lemon, 
Miller, Milroy, O'Brien, Osborn, Pinney, Rhoads, Richards, Roach, 
Spencer, Stenger, Stuckey and White — 25. 

So it was deemed expedient to suspend said constitutional rule. 

i' Said House bill, No. 321, was read a second time by its title, and, 
I 

On motion, 

Was referred to the special committee on Soldiers' Home. 
By Mr. Gregory of Warren : 

House bill No. 322. A bill prescribing the duties of persons who 
may be the keepers of any gaming table. Roulette, Shuffle Board, 
Foro Bank, Ninepin or Tenpin Alley, or Billiard Table, prescribing 
penalties for the same, and for the protectk)n of minors ; declaring 
an emergency. 

Which was read a first time and referred to the Committee on the 
Judiciary. 

Mr. Boyd, by unanimous consent, presented a claim from H. C. 
Chandler & Co. for $229 95. Also a claim from J. W. Copeland for 
$3 60. 

Which were referred to the Committee on Claims. 



458 
Mr. Chambers offered the following concurrent resolution : 

Be it resolved by the House of Representatives [the Senate concur 
ring), that our Senators be instructed and our Representatives ii' 
Congress be requested to use their influence to procure such a modi 
^cation of the act of Congress of July 2, 1862, donating pubh 
lands to the several States and Territories which may provide Col 
leges for the benefit of Agriculture and the Mechanic Arts, as wil 
enable States in which there are not sufficient or suitable publii 
lands subject to entry, instead of selling their land scrip to ente. 
lands therewith in any States or Territories in which there may b' 
government lands subject to entry, and requiring States thus enter 
ing lands in other States or Territories to sell the same within si: 
years ; and also that said act of Congress be further amended so a 
allow States two years additional time to establish Colleges withou 
being subject to a forfeiture of the benefits of the grant. 

Mr. Woods moved to strike out "six'*' and insert ''three." i 

No quorum voting, the Speaker ordered a call of the House, whei 
the following members answered to their names : 

Messrs. -Abbett, Atkinson, Bonner, Boyd, Branham, Brown 
Burnes, Buton, Burwell, Buskirk, Church, Collins, Cowgill, CoX| 
Croan, Crook, Davidson, Dunham, Ferris, Foulke, Glazebrook, Glea' 
son, Goodman, Gregg, Gregory of Montgomery, Gregory of Warren 
Griffith, Groves, Hargrove, Henricks, Hershey, Higgins, Hogate' 
Hoover, Howard, Hunt, James, Laselle, Lee, Lane, Lemon, Litson 
Lockhart, Lopp, Major, Meredith, Miller, Milroy, Montgomery 
Newcomb, O'Brien, Olleman, Osborn, Patterson, Perigo, Pinney; 
Prather, Reese, Rhoads, Rice, Richards, Richardson, Riford, Roach' 
Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Spencer, Stewart 
Stenger, Stivers, Stringer, Stuckey, Sullivan of P. and V., Thatcher 
Upson, Veach, Weikel, Welch, White, Woodruff, Wright, Woods' 
Zeigler and Mr. Speaker — 85. 

A quorum being present, and the question being on the motion b;^j 
Mr. Woods to strike out "six " and insert " three," 

It was not agreed to. , ' '"- 

" ■ ■ i' I ■ ■ = 
The resolution was then adopted. 



459 
By Mr. Bonner. : 

House bill No. 323. A bill to amend section three of an act enti- 
tled " an act to allow County Commissioners to organize turnpike 
companies Avliere three-fifths of the persons owning the real estate 
within prescribed limits petirion for the same, and to levy a tax for 
its construction, and provide for the same to be free. 

Which was read a first time, and referred to the Committee on 
; Roads. 

A message from the Governor, by Mr. Jacobs, his Private Secre- 
tary : 

Mr. Speaker: 

I am directed by the Governor to communicate to your honorable 
body the following message and accompanying documents : 

State of Indiana, Executive Department, ] 
Indianapolis, December 12, 1865./ 

To the Senate and House of Representatives : 

I herewith respectfully transmit a copy of the report of Hon. 
Joseph E. McDonald, Commissioner to investigate the condition of 
the fraudulent Indiana 5 per cent. Stocks, with copies of vouchers 
numbers one and two, for expenditures and services of the Commis- 
sioner in the performance of the duties assigned him. 

It -will be seen that the Commissioner, since his report made at the 
!ast session of the General Assembly, has succeeded in procuring the 
surrender and cancellation of 27 of these fraudulent bonds, of the 
ienomination of $10,000 each, and 21 of the same bonds of $3,000 
3ach, making in the -,v.ggregate $375,000; and that in doing this he 
has expended, by the sanction of Governor Morton, the sum of $1,000, 
over and above his personal expenses and claim for services. It fur- 
her appears by said report, that there still remains outstanding of 
;hese fraudulent issues, Stocks to the amount of $409,000. 

Unquestionably there is no moral or legal liability on the part of 
ihe State to redeem these traudulent issues, or any part thereof, and 
he theory upon which the said sum of $1,000 was expended, was 
;hat it was better to pay that amount to procure the surrender of the 
J375,000 before mentioned, than to prosecute a suit to compel their 
iurrender. I am informed that the testimony of four or five wit- 



'i: 



460 

nesses would amply show the fraudulent character of the remainia 
Stocks, amounting to $409,000 ; and I respectfully recommend tha 
authority be given to commence proceedings to perpetuate the test 
mony of the witnesses before alluded to. 

Mr, McDonald expresses a willingness to appear before any con: 
mittee to whom this subject may be referred for the purpose ( 
explaining the propriety and necessity of the expenditure necessar' 
to procure the surrender of the Stocks cancelled as aforesaid. 

I therefore recommend that the subject be referred to the appr( 
priate committee, and that Mr. McDonald be invited to appear befoi. 
it, and give such further explanation as may be desired. 

(Signed) CONRAD BAKER, 

Lieut. Governor, Acting as Governor. 

Indianapolis, December 11, 1865. 

To His Excellency, Governor Oonracl Baker : ' 

Sir: — On the 27th of February, 1865, the undersigned, Commi 
sioner to investigate the condition of the fraudulent Indiana 5 p 
cent Stocks, reported the then condition of said Stocks to His Exec 
lency, Governor 0. P. Morton. By reference to that report it w 
be seen that the undersigned had succeeded in cancelling $362,000 
said Stocks, and that there remained still outstanding the followii 
amounts, on deposite with the following banks and individuals : 

Park Bank $375 0( 

Atlantic Bank , 15 OC 

Manhattan Savings Institution 70 0( 

James Crankhite 20 0( 

L.W.Jerome 304 0< 



K 



$784 Oi, 



Since that time the undersigned has secured the sur- 
render and cancellation of Bonds held by the Park 
Bank $375 



Leaving still outstanding $409 0' 

Of this amount it will be seen that all but $105,000 are held ' 
O. W. Jerome. 



461 

In making up a statement of the sums for which it is claimed that 
liese Stocks are pledged to the present holders, the undersigned in 
he foriner report, set down the amounts as follows: 

'avk Bank ^800 to §1,000 

\.tlantic Bank 000 

j/lanhattan Savings Institution 20 000 

j'ames Cronkhite 3,000 

Since that time the undersigned has been informed by James 
Oronkhite that the sum still due him from the estate of Samuel 
tiallett is ^9,000, and that the Bonds held by him are the only secu- 
ity he has for said sum. As to the other sums in said statement, 
he undersigned has no correction to make. 

To procure the cancellation of the bonds held by the Park Bank, 
he undersigned found it necessary to expend the sum of $1,000; 
his was done under the advice and consent of Governor Morton, and 
n the opinion of the undersigned was much better than to have 
ittempted, at that time, to compel their cancellation by suit. The 
roucher for the amount so paid is herewith submitted. 
i As to such of these bonds as still remain uncancelled, there is no 
present prospect of their voluntary surrender. 

j As was stated in the former report, the holders profess to look to 
;he State for the final payment of what is due from the estate of 
Samuel Hallett to them, before they will give the bonds up to the 
Stale. 

The undersigned has always been of opinion that no legal liability 
•este^l u[)on the State on account of these bonds, and therefore has, 
it all times, discouraged the idea that the State would in any manner 
fecognize their validity, and, in answer to all inquiries on the subject, 
laas ^o stated to the parties holding them. ' He has no doubt but that 
the Stati! may at any time, by suit against the holders, compel their 
banct'llation as forgeries, but for reasons stated in his former report, 
IS well as from want of any direct authority from the State to bring 
isuit, no such suit has been brought. Another consideration operated 
to prevent this course from being taken. The time was near at hand 
when the State would have the right to call in all the 5 per cent, stocks 
issued by her, and it was thought that if the State should hnd herself 
-in a condition to do so, that on and after the 19th day of January, 
'18(3(3, all of that class of her securities would be taken up, either by 
redemption or the exchange for them of coupon bonds. In making 
the-se clianges the fraudulent might be left in a condition where no 



462 

further harm could arise to the State or any individual on account of 
them. 

It will be seen that much the larger portion of these bonds out- 
standing are in the hands of G. W. Jerome. The other holders 
without doubt took those they hold without any knowlekge of their 
character, and it may be that Mr. Jerome was ignorant in the begin- 
ing that the stocks he was dealing in were not genuine, but the facta 
in the possession of the undersigned lead him to believe that long 
before the public exposure, Mr. Jerome was fully cognizant of their 
character. So far as the legal liability of the State is concerned, it 
can make no difference whether the parties dealt in those bonds in 
ignorance of their character or not, as there can be no property 
acquired in forged paper by any one. As to such paper there can be 
no innocent holder. Every one deals in it at his peril. Some of 
the holders have expressed a willingness to lose some part of their 
claims upon the estate of Samuel Hallet if the State would provide 
for the balance, and the undersigned has .no doubt that all woukV 
willingly do so, but the undersigned has not felt at liberty to enter- 
tain any such proposition, and he refers to it now, that your Excellency 
may submit to the General Assembly the whole matter, and to cop- 
sider how far the State might be willing to go to relieve such of the 
holders as have in ignorance become possessed of bonds apparently 
good, but in fact false and forged ; also the propriety of bringing suit 
for their cancellation against such of the parties as may still persist 
in witholding them, or at least to take such steps as may be necessary 
to preserve as much of the testimony relating to them as is in parol. 

Since the last report, in addition to the correspondence with parties 
in the city of New York, two trips have been made to the city in 
connection with this business, for which the undersigned submits his 
account. Should anything further, concerning this subject, come to 
the knowledge of the undersigned, he will take pleasure in submitting 
it, all of which is respectfully submitted. 

J. E. McDonald, 

Commissioner. '' 

[Voucher No. 1.] 4 

a 
New York, December 4, 1865. 

Received of J. E. McDonald, one thousand dollars, for expenses 

on account of Indiana Bonds. ,. 

(Signed,) J. E. Burwell, ,, 



468 

[Voucher No. 2. 

The State of Indiana to Joseph E. McDonald, Br. 

3 fee for professional services under Joint Resolution of the Leg- 
islature in relation to fraudulent issue of State Bonds : 

ct., 1863— To trip to New York.. ^250 00 

To expenses of same 125 00 

ec, 1863— To trip to New York 250 00 

To expenses of same 125 00 

Total $750 00 

(Three hundred and eighty-five thousand of bonds taken up and 
sstroyed.) 

Which was referred to the Committee on Ways and Means, with 
structions to incorporate the amounts claimed, in the specific 
)propriation bill. 

By Mr. Kilgore : 

House bill No. 324. A bill to authorize a change of venue from 
e Common Pleas to the Circuit Court, and declaring an emergency. 
Which was read a first time, and referred to the Committee on the 
idiciary. 

By Mr. Gleason : 

House bill No. 325. A bill to amend sections 16 and 17, of an 
it entitled, " an act to authorize the construction of levies and 
•ains," approved June 12, 1852 ; and to add supplemental sections 
' said act, subjecting incorporated towns, cities or railroad com- 
mies to assessment, and declaring an emergency. 
Which was read a first time, and referred to the Committee on 
lyamp Lands. 

ORDERS OF THE DAY. 

Mr. Buskirk moved to suspend the order of business, and take up 

ouse bill No. 6. 

Which was not agreed to. 

Mr. Hogate, by consent, presented a claim from Browning k Sloan, 
)r$2 00. 
Which was referred to the Committee on Claims. 



464 
By. Mr. Church : 

House bill No. 326. A bill to apportion Senators and Represen- 
tatives for the State of Indiana. 

Which ^vas read a first time, and passed to a second reading. 

Mr. Newcomb moved to suspend the order of business, and take 
up House bills on thh-d reading. 

Which was agreed to. , •■/ .••■>.• oi t 



House bill No. 6 was taken up, and, 

On motion by Mr. Buskirk, 
Was postponed, and made the order of the day for this afternoon 
at 2 o'clock. 

Mr. Branhara gave notice that on to-morrow he would move to 
change the morning hour from 11 to 10 o'clock. , , -i .;;• 

HOUSE BILLS ON THIRD READING. 

House bill No. 95. A bill to enable railroads to alter their lined 
in certain cases, 

Was, by unanimous consent, taken up, together with amendments! 
heretofore reported. 

Mr. Iliggins offered the following amendment: 

And provided, That if any Railroad Company propose to change 
any part of their track for a distance of more than one mile, or seek 
to re-locate their road, shall previdus to any such change or reloca 
tion pay to the owner or owners of any real estate lying along or near 
the route or line of said road, from which said track is proposed to be 
taken, all damages that may occur to such owner, or owners, on 
account of such removal. Said daniajies shall be assessed in the same 
manner as lands taken for railroad purposes, in pursuance to the 
statutes now in force in this State ; and said damages shall be assessed 
and paid to the owner or owners of said lands, or paid into the county 
treasury to the credit of the owner, or owners, of said lands, previ 
ous to the change or relocation of said railroads. 

Which was agreed to. , .*- : ,r ,:vv, 

The amendment, as reported from the committee, was agreed to. 
The bill was considered as engrossed, read a third time, and, 



465 

The question being, shall said bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Branham, Brown, Burnes Burton Bus- 
kirk, Ghurch, Cox, Ferris, Foulke, Glazebrook, Gleason, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Ham- 
rick, Hargrove, Henricks, Higgins, James, Kilgore, Lane, Litson, 
Lockhart, Major, Miller, McVey, Newcomb, Olleman, Rhoads, Rich- 
ardson, Riford, Sabin, Shuey, Sim, Stewart, Stivers, Stringer, Stuckey, 
Sullivan of P. & V., Veach, Weikel, Welch, Woods, Zeigler and Mr. 
Speaker — 50. 

Those who voted in the negative were, 

Messrs. Bonner, Boyd, Chambers, Coffroth, Collins, Cowgill, Groan, 
Crook, Davidson, Dunham, Gregg, Hoover, Howard, Humphreys, 
Hunt, Lee, Lemon, Lopp, Milroy, Montgomery, O'Brien, Osborn, 
Patterson, Perigo, Prather, Reese, Richards, Roach, Shoaff of Allen, 
Shoaff of Jay, Stenger, Sullivan of Scott, Thatcher, White and 
Wright— 35. 

So the bill failed to pass for want of a constitutional majority. 

A message from the Senate by Mr. Wilson, their Secretary. 

Mr. Speaker: 

I am directed by the President of the Senate to inform the House 
of Representatives that he has signed enrolled act No. 212 of the 
House of Representatives, which is herewith respectfully returned. 

Also, that the Senate has passed the following concurrent resolu- 
tion of the House, to-wit : 

Whereas, the State Capitol buildings contain certain valuable records 
and archives of the State, the loss of which would be irreparable ; 
therefore, be it 

Resolved hy the House of Representatives, {the Senate concurring,) 
That the Joint Committee on Public Buildings be, and they are here- 
by instructed to confer with the Governor, Adjutant General, Clerk 
of tbe Supreme Court and State Librarian, as to the present plan of 
guarding the Capitol buildings, and whether additional njeasures 
H. J.— 30 



46^ 

should be taken for the security of the public records^ and archives 
under their charge j and said committee is directed to report by bill 
or otherwise. 

Also, that the Senate has passed engrossed House bill No. 123, 
relating to the reconstruction of county seats, with the fellowing 
engrossed amendments thereto, to-wit : 

[Copy of amendments not furnished. — State Printer.] 

House bill No. 41, a bill to legalize sales by Guardians^ and orders 
defective in not prescribing notice, 
Was read a third time. 

The question being, shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bonner, Branham, Brown, Burnes, Bur- 
ton, Buskirk, Chambers, Church, Cowgill, Cox, Crook, Davidson,, 
Ferris, Foulke, Glazebrook, Gleason, Goodman, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Hamrick, Henricks^ 
Hershey, Hogate, Hoover, Howard, Humphreys, Hunt, James, Kil- 
gore. Lane, Major, Miller, Montgomery, McVey, Newcomb, O'Brieti, 
Olleman, Osborn, Rhoads, Richards, Richardson, Riford, Sabin, Shoaff 
of Allen, Shoaff of Jay, Shuey, Sim, Stewart, Stenger, Stivers, 
Stringer, Stuckey, Sullivan of P. and V., Upson, Veach, Weikel, 
White, Wright, Woods, Zeigler and Mr. Speaker — 64. 

Those who voted in the negative were, 

Messrs. Coffroth, Collins, Croan, Dunham, Gregg, Hargrove, Lemon, 
Litson, Lopp, Milroy, Perigo, Pinney, Prather, Reese, Roach and 
Thatcher — 16. 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was so ordered. 

So the bill passed. 

Ordered That the Clerk inform the Senate thereof. 

House bill No. 87. A bill to amend section one of an act entitled 
" an act to am^nd an act to revise, simplify and abridge the rules, 



467 

practice, pleadings and forms, in civil cases, in the courts of this 
State; to abolish distinct forms of action at law, and to provide for 
the administration of justice in a uniform mode of pleadiuL' and 
practice, without distinction between law and eouity,"' ai)))roved 
June 18, 1852, approved February "2, 1865, 
Was taken up and read a third time, and, 

The question being, shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Bonner, Boyd, Buskirk, Caldwell, Chambers, 
Church, Coftroth, Collins, Croan, Davidson, Humphreys, Lemon, 
Miller, Milroy, Newcomb, O'Brien, Richardson, Sabin, Shuey, Sim, 
Stenger, Stringer, Stuckey, Thatcher, Veach, Woods and Mr. 
Speaker— 28, 

Those who voted in the negative were, 

Messrs. Atkinson, Brown, Cowgill, Cox, Crook, Dunham, Ferris, 
Foulke, Glazebrook, Gleason, Goodman, Gregory of Warren, Griffith, 
Groves, Hamrick, Hargrove, Henricks, Hershey, Higgins, Hogate, 
Hoover, Howard, Hunt, Lane, Lee, Litson, Lopp, Major, Montgom- 
ery, McVey, Olleman, Osborn, Perigo, Pinney, Prather, Reese, 
Rhoads, Riford, Roach, Shoaff of Allen, Shoaff" of Jay, Stewart, 
Stivers, Sullivan of Scott, Sullivan of P. and V., Upson, Weikel, 
Welch, White, Wright and Zeigler— 51. 

So the bill was lost. 

Mr. Shoaflf, of Allen, obtained leave to off"cr the following resolu- 
tion: 

Resolved, That the State Librarian be, and is hereby authorized to 
draw from the State Treasury the further sum of two hundred dol- 
lars, out of the money appropriated for legislative expenses, for the 
purpose of procuring postage stamps to furnish to members of this 
House, on stationery account. 

Mr. Groves moved the previous question, which was seconded by 
the House. 

The question being, shall the main question be now put ? 
It was so ordered. 



468 

The question being on the motion made by Mr. Shoaf, of Allen^ 
It was agreed to. 

On motion by Mr. Buskirk, 
House bill No. 123 was taken from the table and placed on the 
files. 

Mr. Montgomery, from the Joint Committee on Enrolled Bills, 
made the following report : 

Mr. Speaker : 

The Joint Committee on Enrolled Bills beg leave to report that 
at 12 o'clock, on the 14th day of December, 1865, they presented to 
His Excellency the Governor, for his signature, enrolled House bill 
No. 212. 

On motion by Mr. Milroy, 
The House adjourned. 



2 o'clock, p. m. 

The House met. 

Mr. Henricks in the chair, 

Mr. Branham moved to suspend the regular order of business and 
take up House bill No. 313. 
Which was agreed to. 

House bill No. 313. A bill to abolish the offices of President and 
Commissioners of the Sinking Fund, transferring said Sinking Fund 
and the management thereof to the Auditor and Treasurer of State, 
and defining their duties in relation thereto; providing for the invest- 
ment of the Sinking Fund in the stocks of the State, the execution 
of non-negotiable bonds in certain cases, and for the distribution of 
interest accruing to said Sinking Fund, and declaring an emergency. 

Was taken up and read a second time. 



469 

Mr. Branliam offered the following amendment. 

Sec. — . It is hereby made the duty of the Auditor and Treas- 
urer of each county in this State, to pay into the State Treasury, all 
the money in their respective county treasuries belonging to the com- 
mon school fund of this State, except the congressional township 
school fund, and as fast as the loans become due, and are paid in, the 
money shall be paid into the State Treasury as other funds are paid in. 
The county Treasurer making such payment, shall state specifically 
the amount so paid, and that it is a part of the common school fund 
that was held in trust by said county. Upon the receipt of such money 
into the State Treasury, it shall be the duty of the Auditor of State 
to give to the officer making such payment, a receipt for the same, 
in the manner now prescribed by law, and he shall state in said 
receipt, that it is a part of the common school fund that was held by 
such county. It shall be the duty of the Auditor and Treasurer of 
State, to place such amounts so paid in, to the credit of the State 
Debt Sinking Fund, and shall be, by them, invested in the Bonds or 
certificates of stocks of the State, as other school funds are to be 
invested under the provisions of this act. 

AVhich bill and amendments, on motion by Mr. Branham, were 
referred to the Committee on Ways and Means, and made the order 
for the day, for to-morrow morning at 10 o'clock. 

A message from the Governor, by Mr. Jacobs, his private secretary. 

Mr- Speaker : 

I am directed by His Excellency, the Governor, to inform your 
honorable body that he has approved and signed enrolled House bill 
No. 212, entitled, "an act to legalize the appraisement of real estate 
made under the provisions of an act entitled, ' an act to provide for 
the appraisement of real estate, and prescribing the duties of officers 
in relation thereto,' " approved December 21, 1858 ; and the assess- 
ment and levy of taxes made, and hereafter to be made on such 
appraisements; and that the same has been deposited in the office of 
the Secretary of State. 

Mr. Coffroth moved to suspend the order of business and take up 
House bill No. 254. 

Mr. Brown moved to include House bill No. 237. 
Which was agreed to. 



470 

The question being on the motion of Mr. Coffrotli, 

It was agreed to. , ,. . ^ 

House bill No. 254. A bill to amend the 5th, 14th and 17th sec- 
tions of an act entitled " an act incorporating the town of Hunting- 
ton," approved ■ 16th, 1848, 

Was taken up, read a third time, and, 

The question being, shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bird, Bonner, Brown, Burnes, Burton, Burwell, 
Buskirk, Caldwell, Coifroth, Collins, Cowgill, Cox, Croan, Crook, 
Davidson, Dunham, Ferris, Foulke, Gleason, Goodman, Gregg, Gre- 
gory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, Hen- 
ricks, Hershey, Higgins, Hogate, Hoover, Howard, Hunt, Kilgore, 
Lane, Lasselle, Lemon, Liston, Lopp, Major, Miller, Newcomb, 
O'Brien, Osborn, Patterson Perigo, Pinney, Prather, Reese, Rhoads, 
Rice, Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, 
Shoaff of Jay, Shuey, Sim, Spencer, Stewart, Stenger, Stucky, Sul- 
livan of Scott, Sullivan of P. and V., Thatcher, Upson, Veach, Wei- 
kel, Welch, White, Wright, Woods, Zeigler and Mr. Speaker — 78. 

None voting in the negative. 

The question being, shaM the title as read stand as the title of said 
bill. 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

House bill No. 137. A bill to amend section 35 of an act to pro- 
vide for a general system of Common Schools, the officers thereof, 
and their respective powers and duties, and matters properly con- 
nected therewith, and prescribing the fees for certain officers therein 
named, and for the establishment and regulation of Township Libra-- 
ries, and to repeal all laws inconsistent therewith, providing penal- 
ties therein prescribed, approved March 6, 1865, 

Was taken up. 

Mr. Buskirk moved the previous question. 
Which was seconded by the House. 



471 

The question being, sliall the main question be now put ? 
It was so ordered. 

House bill No. 237 was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Boyd, Branham, Brown, Buskirk, 
Caldwell, Coffroth, Collins, Cowgill, Davidson, Dunham, Ferris, Glea- 
3on, Goodman, Gregg, Gregory of Montgomery, Groves, Hargrove, 
Harrison, Henricks, Hershey, Higgins, Hoover, Howard, Humphreys, 
Hunt, Kilgore, Lasselle, Lee, Lemon, Listen, Lopp, Major, Miller, 
Montgomery, Newcomb, O'Brien, OUeman, Osborn, Patterson, Peri- 
go, Pinney, Prather, Reese, Rice, Richards, Richardson, Riford, 
Roach, Shoaff of Allen, Shoaff of Jay, Stenger, Stivers, Stringer, 
Sullivan of P. and V., Thatcher, Trusler, Veach, Weikel, Welch, 
White, Woods, Wright and Mr. Speaker— 67. 

Those who voted in the negative were, 

Messrs. Bonner, Burnes, Burton, Burwell, Chambers, Cox, Croan, 
Crook, Foulke, Glazebrook, Gregory of Warren, Griffith, Hogate, 
James, Lane, Lockhart, McVey, Rhoads, Sabin, Shuey, Sim, Spencer, 
Stewart, Stuckey, Sullivan of P. and V., Upson, and Zeigler — 27. 

The question being, shall the title as read stand as the title of said 
bill 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Ferris moved to suspend the order of business and take u,p 
Senate bill No. 66, 
Which was agreed to. 

Senate bill No. 66. A bill to amend section 11 of an act entitled 
" an act to fix the times of holdins; the Common Pleas Court in the 
several counties of this State, creating a new district, providing for 
the election of a judge therein, the duration of the terms thereof, 
and making all process from tihe present Common Pleas Court return- 



' 472 

able to such terms, declaring -when this act shall take affect, and' 
repealing all laws inconsistent therewith," approved March 5, 1859, 
Was taken up. 

Mr. Ferris moved to refer the bill to a special committee, with the^ 
following instructions : , 

Amend by attaching Ripley county, and providing for three terms- 
of four weeks each, so as not to interfere with the term of the Cir- 
cuit Court, which commences on the fourth Monday of February and 
August. 

Which was agreed to. 

SPECIAL ORDER. 

The hour having arrived. 

House bill No. 6. A bill to establish an Agricultural College, 
wherein shall be taught such branches of learning as are related to 
agriculture, including the mechanic arts and military tactics. Also, 
such other branches of science and literature as the General Assem- 
bly, or the Trustees of said College shall direct, and to appropriate 
funds for its endowment, support, and maintenance, and to provide a 
Board of Trustees for its nsanagement, 

Was taken up. 

The question being on the adoption of the following ame-ndment 
by Mr. Pettit : 

Mr. Pettit offered the following amendment : 

The Governor is directed and required to appoint a commission,, 
consisting of five discreet persons, selected equally from the several 
parts of the State, well acquainted with agricultural and me®hanical 
industry, which commissioners, having been first qualified by an 
oath faithfully to discharge the duties of such commission, shall pro- 
ceed, and by personal examination and comiparison, fix the location 
of the Indiana Agricultural College, provided for by the a&t of the- 
General Assembly, approved March 6, 1865, having reference to the 
following conditions and considerations as indispensable, to-wit : That 
the location of the College shall be fixed wiih reference to the health- 
fulness of the vicinity, ease of access from all parts of the State,. 
and the importance and prosperity of mechanical and agricultural 



473 

industry of the place where it shall be fixed, and in the surrounding 
country. That there shall be first donated, for the purpose of the 
College, a quantity of land not less than one hundred acres, of in- 
disputable title, which, including suitable buildings thereon, or the 
value of agreements with reference to buildings to be erected thereon, 
or agreements with reference to buildings, or other property, useful 
and proper for such a college, shall, at the time, be of the fair value 
of one hundred thousand dollars. But such location shall not be 
finally fixed by such Commissioners until first, such grants, donations 
and agreements shall have been made complete by conveyance or 
delivery ; nor shall any agreement whatever, in regard to the erec- 
tion of buildings or donation of any property, be accepted without 
sufficient freehold surety for their execution, satisfactory to such Com- 
missioners, And such Commissioners are hereby authorized, on behalf 
of the State, and in its name, to accept such grants, donations, con- 
veyances and agreements. 

Said Comn^ssioners, when said location shall be so fixed, shall 
make several certified reports thereof to the Governor of the State 
and the Trustees of the Indiana Agricultural College; which said 
Trustees shall, at once, take charge of the land, and other property 
and agreements, and the same shall thereafter be the absolute property 
of the State, and shall be the Indiana Agricultural College, created 
by the act of March 6, 1865. 

Mr. Branham moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

On motion by Mr. Pettit, 
A call of the House was ordered, when the following members 
answered to their names : 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Brown^ 
Burnes, Burton, Burwell, Buskirk, Caldwell, Chambers, Church, Cof- 
froth, Collins, Cowgill, Cox, Croan, Crook, Davidson, Dunham, Ferris, 
Foulke, Glazebrook, Gleason, Goodman, Gregg, Gregory of Mont- 
gomery, Gregory of Warren, Griffith, Groves, Hargrove, Harrison^ 
Henricks, Hershey, Higgins, Hogate, Hoover, Howard, Humphreys, 
Hunt, James, Kilgore, Lane, Lasselle, Lee, Lemon, Litson, Lockhart^ 
Lopp, Major, Miller, Milroy, Montgomery, McVey, Newcomb, O'Brien^ 
Dlleman, Osborn, Patterson, Perigo, Pinney, Prather, Reese, Rhoads^ 



474 

Rice, Richards, Richardson, Riford, Roach, Sabin, Shoaff of Allen 
Shoaff oi" Jay, Shuey, Sim, Spencer, Stewart, Stenger, Stivers, Strin 
ger, Sullivan of Scott, Sullivan of P. and V., Thatcher, Trusler, Up 
son, Veach, Weikel, Welch, White, Wright, Woods, Zeigler and Mr 
Speaker — 95. 

There being a quorum present, a further call of the House was dis 
pensed with. 

The question being on the adoption of the amendment offered b; 
Mr. Pettit, 

Messrs. Pettit and Buskirk demanded the ayes and noes. 

Those who voted in the aflSrmative were, 

Messrs. Atkinson, Bonner, Branham, Burnes, Caldwell, Churcl 
Collins, Cowgill, Cox, Davidson, Ferris, Foulke, Glazebrook, Gleasoi 
•Gregory of Montgomery, Gregory of Warren, Henricks, Hershe^ 
Higgins, Hoover, James, Kilgore, Lane, Lockhart, Major, Mille 
Milroy, Montgomery, McVey, Newcomb, Prather, Reese, Rice, Rifon 
Sabin, Shoaff of Allen, Shuey, Sim, Stewart, Stivers, Sullivan of ] 
and v., Trusler, Upson, Woods, Zeigler and Mr. Speaker — 46. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burton, Burwell, Buskir 
€hambers, Coffroth, Groan, Crook, Dunham, Goodman, Gregg, Gri 
fith, Groves, Hargrove, Harrison, Hogate, Howard, Humphrey 
Hunt, Lasselle, Lee, Lemon, Litson, Lopp, O'Brien, Olleman, Osbor 
Patterson, Perigo, Pinney, Rhoads, Richards, Richardson, Roac 
Shoaff of Jay, Spencer, Stenger, Stringer, Stuckey, Sullivan of Scol 
Thatcher, Veach, Weikel, Welch, White and Wright— 49. 

So the amendment was not adopted. 

Mr. Buskirk moved to recommit the bill. 

Mr. 'Sim moved to amend by inserting " Richmond," instead 
'^' Bloomington." 

Mr. Griffith moved to insert " Battle Ground." 



475 

The question being on motion to insert " battle ground." 

Messrs. Griffith and Buskirk demanded the ayes and noes. 

Those who voted in the affirmative ^Yere, 

Messrs. Atkinson, Bonner, Branham, Caldwell, Church, CoflFroth, 
Collins, Cowgill, Cox, Croan, Davidson, Ferris, Foulke, Glazebrook, 
Gleason, Gregory of Montgomery, Gregory of Warren, Griffith, 
Henricks, Hershey, Higgins, Hoover, James, Kilgore, Lane, Lock- 
hart, Major, Miller, Milroy, Montgomery, McVey, Prather, Riford, 
iSabin, Shoaff of Allen, Shuey, Stewart, Stivers, Sullivan of P. and V., 
Trusler, Upson, Woods, Zeigler and Mr. Speaker — 4-1. 

[ Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burnes, Burton, Burwell, 
Buskirk, ^Chambers, Crook, Dunham, Goodftian, Gregg, Groves, 
Hargrove, Harrison, Hogate, Howard, Humphreys, Hunt, Lasselle, 
Lee, Lemon, Litson, Lopp, Newcomb, O'Brien, Olleman, Osborn, 
Patterson, Perigo, Reece, Rice Richards, Richardson, Roach, Shoaflf 
of Jay, Sim, Spencer, Stenger, Stringer, Stuckey, Sullivan of Scott, 
rhatcher, Veach, Weikel, Welch, White and Wright -4<J. 

So the motion did not prevail. 

The question being on inserting " Richmond." 

Messrs. Sim and Griffith demanded the ayes and noes. 

• Those who voted in the affirmative were, 

I 

Messrs. Atkinson, Bonner, Branham, Caldwell, Chambers, Collins, 
Jowgill, Cox, Ferris, Foulke, Glazebrook, Gregory of Montgomery, 
jrregory of Warren, Henricks, Hershey, Higgins, James, Kilgore, 
Lane, Major, Miller, Montgomery, McVey, Newcomb, Reese, Riford, 
Shuey, Sim, Stewart, Sullivan of P. and V., Trusler, Upson, Woods, 
Zeigler and Mr. Speaker — 35. 

Those who voted in the negative were, 

I 

Messrs. Abbett, Bird, Boyd, Brown, Burnes, Burton, Burwell, 
Buskirk, Church, Coffroth, Croan, Crook, Daividson, Dunham, 
jrleason, Goodman, Gregg, Griffith, Groves, Harrison, Hargrove, 
Hogate, Hoover, Howard, Humphreys, Hunt, Lasselle, Lee, Lemon, 



476 

Litson, Lockhart, Lopp, O'Brien, Olleman, Osborn, Patterson, Perigo, 
Pinney, Prather, Rhoads, Rice, Richards, Richardson, Roach, Sabin 
Shoaff of Allen, Shoaff of Jay, Spencer, Stenger, Stivers, Stringer 
Stuckey, Sullivan of Scott, Thatcher, Veach, Weikel, Welch, Whit 
and Wright — 59. ■ fc 

So the motion did not prevail. 

The bill was then recommitted to a special committee of fiv 
members. 

A message from the Senate, by Mr. Wilson, their Secretary. 

Mr. Speaker : 

I am directed by the President of the Senate, to inform the Sous 
of Representatives, that the Senate has passed the following er 
grossed bills thereof, to-wit : 

Engrossed Senate bill No. 164. Entitled an act, touching tl 
disposition of lots, streets, alleys, public squares and grounds withi 
the corporate limits of any incorporated city heretofore vacated ( 
hereafter to be vacated. 

Also, engrossed Senate bill No. 247. Entitled "an act authorizin 
plank macadimized and gravel road companies to enter upon adjacer 
lands and appropriate and remove earth, stone, timber and gravel fc 
the construction for their roads and matters properly connecte 
therewith and declaring an emergency," 

Mr. Rhoads moved to suspend the order of business and take ijit. 
House bills Nos. 245 and 217. 
Which was not agreed to. 



Mr. Olleman moved to take up House bills on third reading. 
Which was agreed to. 



Messrs. Meredith and Woodruff obtained leave of absence (P 
account of sickness. 

Mr. Chambers, from the Committee on Engrossed Bills, made tl 
following report : 

Mr. Speaker : 

The Committee on Engrossed Bills have instructed me to repo 



I 



477 

lat tliey have examined engrossed House bills Nos. 2G0, 275, 136, 
95, 293, 297, 99, 261, 77, 299, 248, 236, 286, 282, 262, 259, 257, 
51, 264, 256, 18, 217, 207, 247, 272 and 268^ and Joint Resolutions 
Jos. 3 and 21, with the original bills, and find the same correctly 
IQgrosscd. 

I House bill No. 117. A bill to amend sectiona 39, 42, 45 and 54 
if an act entitled " an act for the incorporation of insurance compa- 
ies, defining their powers, and prescribing their duties," approved 
une 17, 1852. 
Was taken up and read a third time. 

; Mr. Groves moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

[ The question being, shall said House bill No. 117 pass ? 

Those who voted in the afiirmative were, 

I Messrs. Atkinson, Bird, Burton, Buskirk, Caldwell, Chambers, 
lloffroth. Cox, Croan, Davidson, Ferris, Foulke, Gleason, Goodman, 
[rregory of Warren, Grifiith, Hamrick, Hargrove, Harrison, Hoover, 
loward, Hunt, James, Kilgore, Litson, Lopp, Major, Milroy, Mont- 
'omery, McVey, Newcomb, O'Brien, Olleman, Osborn, Pinney, Pra- 
her, Reese, Rhoads, Rice, Richards, Richardson, Riford, Roach, 
labin, Shoaff of Allen, Shoaff of Jay, Sim, Spencer, Stenger, 
Stringer, Sullivan of Scott, Sullivan of P. and V., Thatcher, Upson, 
■''each, Welch, White, Wright and Mr. Speaker — 59. 

Those who voted in the negative were, 

Messrs. Abbett, Bonner, Boyd, Branham, Burnes, Burwell, Church, 
/ollins. Crook, Glazebrook, Gregg, Groves, Henricks, Hershey, Hig- 
;ins, Lune, Lee, Lemon, Lockhart, Miller, Perigo, Shuey, Stewart, 
(tivers, Stuckey, Trusler, Weikel and Woods~28. 

i The question being shall the title, as read, stand as the title of said 
.ill? 
It was so ordered. 

So the bill passed. 

Ordered. That the Clerk inform the Senate thereof. 



478 

Mr. Gregory, of Warren, moved that when the House adjourn, it 
meet this evening at 7 o'clock. 
Which was agreed to. 

On motion by Mr. Spencer, 
The House adjourned. 



7 o'clock p. m. 
The House met. 

Mr. Sim, by unanimous consent, offered the following resolution : 

Resolved, That the use of this hall be tendered Major General 
Grose, on Thursday Tiight next, for the purpose of addressing the 
people upon the political issues of the day. 

Which was concurred in. 

Mr. Thatcher, by consent, offered the following resolution: 

Resolved, That there be added to the special committee on Senate 
bill No. 06, the members from Henry, Hancock and Madison coun- 
ties. 

Which was agreed to. 

Mr. Cowgill moved to suspend the order of business and take up 
House bill No. 299. 
Which was agreed to. 

House bill No, 299. A bill to legalize the official acts of certain 
officers therein named, and the acts of their deputies, as such while 
the principals were performing military service in the army of the 
United States. 

Was taken up and read a third time. 

By unanimous consent, the words " Recorder or Surveyor," were 
inserted in their proper places in the bill. 

The question being, shall said bill pass ? 



f 



479 

Those who voted in the affirmative were^ 

Messrs. Abbett, Atkinson, Bonner, Boyd, Brown, Burnes, Burtony 
Burwell, Buskirk, Caldwell Church, Collins, Cowgill, Cox, Croan 
Crook, Davidson, Ferris, Foulke, Gleason, Goodman, Grecro- Gre- 
gory of Warren, Griffith, Groves, Hamrick,. Harrison, Ilershoyy 
3oover, Howard, Humphreys, Hunt, Kilgore, Lane, Lesselle, Lock- 
lart. Major, Miller, Milroy, Montgomery, McVey, O'Brien, Olleman, 
)sburn. Patterson, Pinney, Prather, Reese, Rhoads, Rice. Richards, 
ilichardson, Riford, Roach, ShoafF of Allen, Shuey, Sim, Spencer, 
Stewart, Stenger, Stivers, Stuckey, Sullivan of Scott, Thatcher, Trusler,. 
[Jpson, Veach, Weikel, Welch, White, Wright, Woods, Zeigler and 
\Ir. Speaker— 74. 

I Those who voted in the negative were, 

Messrs. Lemon, Newcomb, Perigo and Sabin — 4. 

The question being, shall the title, as read, stand as the title of 
bid bill? 
It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

The Speaker announced the following additional members to com- 
nittee on Senate bill No. GG : 

Messrs. Thatcher, White, Chambers and Croan, 

1 SPECIAL ORDER. 

The hour having arrived. 

House bill No. 208. A bill to amend the first and tenth aectiony 
ji "an act to provide for a general system of common schools, the 
officers thereof, and their respective powers, and duties, and matters 
properly connected therewith, and prescribing the fees for certain 
officials therein named,, and for the establishment and regulation of 
Township Libraries, and to repeal all laws inconsistant therewith, 
providing penalties therein prescribed,'' approved March 6. 1865. 

Was taken up. 



480 

The amendments heretofore reported by a majority of the Com- 
mittee on Education, were read : 

An act to amend an act entitled "an act to provide for a general 
■system of common schools, the officers thereof, and their respective 
powers and duties, and matters properly connected therewith and 
prescribing the fees for certain officers therein named and for the 
establishment and regulation of Township Libraries, and to repeal all 
laws inconsistant therewith, providing penalties therein prescribed,'' 
approved March 6th, 1865, and also an act supplimental thereto pro- 
viding for the separate enumeration of colored children, prescribing 
the duties of Township Trustees in relation thereto, and declaring an 
emergency. 

Section 1. Be it enacted hy the General Assembly of the State 
of hidiana, That section first of the above recited act which reads as 
follows : I 

"5e it enacted hy the Oeneral Assembly of the state of Indiana^ 
That there shall be annually assessed and collected, as State and 
county revenues are assessed and collected, sixteen cents on each one 
hundred dollars of taxable property, real and personal, in the State, 
and fifty cents on each taxable poll, for the purpose of supporting a 
general system of common schools ; Provided, hoivever, That the 
taxes aforesaid shall not be levied and collected from negroes nor 
mulattoes," be so amended as to read as follows : 

Be it enacted by the General Assembly of the State of Indiana. 
That there shall be annually assessed and collected as State and 
county revenues are assessed and collected, sixteen cents on each one 
hundred dollars of taxable property, real and personal in the State, 
and fifty cents on each taxable poll, for the purpose of supporting a 
general system of common schools. 

Sec. 2. Be it further enacted, That the Trustees of the several 
townships, towns and cities, shall between the first day of July and 
the first day of September in each year, makes an examination of the 
colored children, within their respective townships, tovrns or cities, 
said enumeration shall be kept seperate and distinct from the enum- 
eration of white children, in a book provided for that purpose and 
shall state the number of such colored children within their respective 
townships, towns and cities, exclusive of maimed persons, and the 



481 

provisions of section fourteen of said act, approved March G, 18(35. 
shall in all respects apply to the provisions of this act. 

Sec. 3. Be ii further enacted^ That vvhen such persons as arc 
meniioned in this act can be better accommodated at the school of an 
adjoining township or district, or of «ny incorporated town or city, 
the Trustees of the township, town, or city, in which such persons 
reside, shall if such persons so request at the time of makin'T the 
CRumeration, transfer them for educational purposes to such town- 
ship, town, or cit3", and notify the Trustee of such transfer, %vliich 
notice shall furnish the enumeration of the children of the persons 
so transferred, and each Trustee shall with his report of the enumar- 
ation, report distinctly the persons so traiisferred to his township 
town, or city, for school purposes, indicating in said report the 
number of children in charge of the persons so transferred with 
the same particularity that is observed in the enumeration. 

Sec. 4. Be it further enacted, That in any school district where 
there is a sufficient number of colored children to form a school, or a 
district can be formed containing a sufficient number of school children 
to form a school, the township trustees in which said district is situated, 
or if said district is formed from more than one township or district, 
then the trustees of the township from which such district is formed, 
shall provide a school for such colored children, and expend their 
proper proportion of the school funds for the benefit of such schools. 

Sec. 5. It is hereby declared that an emergency exists for the 
immediate taking effect of this act; it shall therefore take effect and 
be in force from and after its passage. 

Mr. Buskirk offered the following amendment : 

Amend the section by striking out the words " their proper 

proportion of the school fund," and insert " shall expend in the sup- 
port and maintenance of the schools for the education of the colored 
children, all the money derived from the taxes collected from colored 
persons." 

The question being on Mr. Buskirk's amendment to the amendment, 

' Mr. Buskirk moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 
H. J.— 31 



482 

The question being on the amendment by Mr. Buskirk, 

Messrs. Buskirk and Gregory demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burton, Burwell, Buskirk,' 
Coffroth, Collins, Groan, Crook, Davidson, Dunham, Goodman, Gregg, 
Groves, Harrison, Hoover, Howard, Humphreys, Hunt, Lane, Lee, 
Lemon, Litson, Lopp, Milroy, O'Brien, Osborn, Patterson, Perigo, 
Pinney, Richards, Richardson, Roach, Shoaff of Allen, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Veach, Weikel, Welch, White 
and Wright — 45. 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Burnes, Caldwell, Chambers, Church. 
Ferris, Foulke, Gleason, Gregory of Warren, Hamrick, Henricks, 
Hershey, Hogate, Kilgore, Lasselle, Lockhart, Major, Montgomery,! 
McVey, Newcomb, Olleman, Prather, Reese, Rhoads, Rice, Riford; 
Shuey, Stewart, Stivers, Trusler, Upson, Woods, Zeigler, and Mr. 
Speaker — 35. 

So the amendment was adopted. 

The question being on the amendment as reported by the majority 
of the Committee on Education, 
It was not agreed to. 

Mr. Olleman moved that the whole subject be indefinitely post- 
poned. 

Mr. Olleman moved the previous question. 
Which was not seconded by the House. 

Mr. Rhoads moved to suspend the order of business, to allow him 
to introduce a resolution. 
Which was not agreed to. 

Mr. Hamrick moved to postpone the further consideration of saidl 
House bill No. 208 till to-morrow evening at 7 o'clock, and make it 
the special order for that hour. 

Mr. Hamrick moved the previous question. 
Which was seconded by the House. 



483 

The question being, shall the main question he now put ? 
It was so ordered. 

The question being on postponing till to-morrow evening at seven 
o'clock, and make said bill the special order for the day for that hour, 
It was agreed to. 

On motion by Mr. Hamrick, 
The House adjourned. 



FRIDAY MORNING, 9 o'clock, ) 
December 15, 1865. j 

The House met pursuant to adjournment. 

The Speaker ordered a call of the House, when the following mem- 
bers answered to their names : 

Messrs. Bonner, Boyd, Burnes, Collins, Cook, Cowgill, Croan, 
Crook, Davidson, Ferris, Foulke, Glazebrook, Gleason, Goodman, 
Gregory of Montgomery, Gregory of Warren, Griffith, Groves, Ham- 
rick, Hargrove, Harrison, Ilenricks, Hershey, Hogate, Hoover, How- 
ard, Hunt, James, Kilgore, Lane, Lee, Litson, Lockhart, Major, Mil- 
roy, Montgomery, McVey, Newcomb, O'Brien, Olleman Osborn, Pat- 
terson, Perigo, Pinney, Prather, Reese, Rhoads, Richards, Richardson, 
Riford, Sabin, Shoaff of Allen, Shuey, Sim, Spencer, Stewart, Stenger, 
Stringer, Stuckey, Thatcher, Trusler, Upson, Veach, Weikel, White., 
Wright, Woods, Zeigler and Mr. Speaker — 67. 

A quorum being present, a further call was dispensed with. 

The Clerk proceeded to read the Journal of yesterday, when,. 

On motion, 
Its further reading was dispensed with. 

The Journal, on motion, was approved. 



484 

PETITIONS, MExMOKIALS AND REMONSTRANCES. 

By Mr. Hogate : 

Several claims. Messrs. Hollowaj, Douglas & Co., for papers, 
$771.75 ; stationery, $62.50. Messrs. Hall & Hutchinson, foi* papers, 
$771.75. Daily Telegraph Co., for papers, $514.50. 

Which were referred to the Committee on Claims. 

I 

REPORTS FROM COMMITTEES. 

Mr. Trusler, from the Judiciary Committee, made the following re- 
port : 

Mr. Speaker : 1 

The Judiciary Committee, to whom was referred House bill No. 
216, entitled "an act to amend the fifth section of an act entitled' an 
act touching the marriage relation, and liabilities incident thereto,'] 
approved May 31, 1852 ; empowering any married woman, whose! 
husband is of unsound mind, to lease, bargain, sell, encumber and| 
convey her real estate, as if unmarried, without the consent or join-s 
ing of her husband ; repealing all laws inconsistent therewith, and;' 
declaring an emergency,"' respectfully report that they have had thcj 
same under consideration, and, in their opinion, legislation on the| 
subject being unnecessary, the Committee recommend that said bill 
be indefinitely postponed. 

V/hich report was concurred in. and the bill indefinitely postponedi 

Mr. Kilgore, from the Committee on Elections, made the followin, 
report : 

Mr. Speaker : 

The Committee on Elections, to whom Avas referred House bill Nc 
-37, have had the same under consideration, and have directed me t' 
•report the same back, recommending the following amendment, to 
•wit: Strike out the word " Sentinel," in section 4, and insert ''Her: 
aid ; " and when so amended they recommend its passage. ) 

Which report was laid on the table. 

Mr. Newcomb, from the Committee on the Judiciary, made th 
following report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill Nc: 



485 

03, entitled "an act defining certain felonies and prescribing punish- 
ment therefor," respectfully report that they have had said l)ill under 
consideration and recommend its passage. 
Which report was laid on the table. 

Mr. Brown, from the Committee on the Judiciary, made the fol- 
lowing report: 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill No. 
292, entitled "an act* to limit the liability of innkeepers," respect- 
fully report that they have had the same under consideration and 
recommend its passage. 

Which report was laid on the table. 

Mr. Burnes, from the Committee on Rights and Privileges, made 
the following report : 

Mr. Speaker: 

The Committee on Rights and Privileges, to whom was referred 
the memorial of citizens of Hendricks county praying for the repeal 
of the Black Laws, have considered the same, and a majority of said 
Committee recommend that the prayer of the memorial be granted. 

AVhich report was laid on the table. 

Mr. Howard, from the Committee on State Prison South, by con- 
sent, made the following report : 

Mr. Speaker : 

The Committee on the State Prison South have had under consid- 
eration the subjects connected with that institution, and have directed 
me to report thereon as follows : The report of the Directors of the 
prison on the financial condition of the institution shows that on the 
loth day of December, 1864, the (then) Warden of the prison 
reported the indebtedness thereof at $11,675.14; that at the last 
session of the General Assembly, $11,675.14 were appropriated to 
pay said indebtedness, and $12,000 to pay the current expenses. Sec, 
for the year 1865, and the same amount for the year 1866 ; that on 
the 15th day of June, 1865, when the new administration began, all 
the appropriations which could be used in the year 1865, excep 



486 

^1, 385. 68, had been expended, and that the prison was then in- 
debted to the amount of $4,474.21 ; that from the last mentioned 
date to the present time said indebtedness has been increased to the 
amount of $16,625, a detailed statement of all of which is herewith 
appended ; that necessary repairs are now being made on the steam 
boiler, water tank and privy, the cost of which is estimated at $550 ; 
that during the ensuing year it will be necessary to repair the walls 
of the bathing pool, and purchase new hose for the fire engine, the 
cost of which is estimated at $750 , making, in the aggregate 
$17,925 

The Directors further represent that, in thei^ Opinion, the sum of 
$2,000, in addition to the foregoing indebtedness, ought to be appro- 
priated for the purpose of meeting contingent repairs and expendi- 
tures durina; the ensuina: vear. Wherefore it is recommended that 
the sum of $20,000 be appropriated for the purpose of paying the 
indebtedness, cVc, herein above mentioned. 

Indebtedness of Indiana State Prison So)i.th. December 12, 1865. 

James G. Caldwell, Drugs, &c $184 45 

George W. Newman, Paints, &c 896 09 

Wm. A. Steele, Provisions 222 70 

R. J. Forsyth, Provisions 116 82 

Dorsey & Twomey, Provisions 202 88 

Holmes & Thias, Provisions 52 57 

R. Dederich, Provisions 131 15 

Norman & Matthews, Stationery 147 80 

I. B. Franck & Co., Soap and Candles 413 55 

B. A. Johnson, Repairs on Prison, &c 328 62 

Wm. E. Listen, Hardware, &c 9 50 

Wm. James, Repairs on Prison, &c 196 90 

Peter Myers, Lumber 170 00 

R. S. Heiskell & Co., Dry Goods 102 IX 

A. Joseph, Bed Ticking 176 25 

R. Bawn, Beef and Mutton 867 5!) 

Wm. Jones & Co., Coal, 115 00 

L. Sparks & Bro., Dry Goods 166 19 

S. S. Richardson, Whiskey 92 00 

Henry Delinger, Corn 572 68 

M. Alloway, Potatoes, Corn, &c 1,940 00 

J. W. L. Matlock, Stripe Goods 8,053 32 



487 

C D. Bailey, Clerk, Four Months Salary 36(3 qq 

John Wright, 50 Cords Wood 200 00 

Deficit month ending December 15, 1865 1 000 00 

Estimate of repairs being made 550 oq 

Estimate of repairs for ensuing year. 750 OO 

Total amount of indebtedness §17 925 00 

Appropriation asked for... , S20 000 00 

Indebtedness 17,925 00 

Amount to cover contingent and other expenses §2,075 00 

Mr. Howard moved to refer the report to the Committee on Ways 
and Means, with instructions to incorporate the amount named in 
the Specific Appropriation Bill. 

Mr. Stringer moved to strike out " $20,000 " and insert " $18,000."' 
Which was agreed to. 

The question being on the motion of Mr. Howard to commit to 
the Committee on Ways and Means, with instructions to incorporate 
the same in the Specific Appropriation Bill, 

Mr. Ilamrick called for a division of the question. 
It was so ordered. 

Mr. Stringer moved the previous question, 
Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being on committing the report to the Committee on 
Ways and Means, 

Messrs. Miller and Goodman demanded the ayes and noes. 

Those Avho voted in the affirmative were, 

Messrs. Boyd, Buskirk, Church, Collins, Cowgill, Crook, Ferris, 
Goodman, Gregg, Gregory of Warren, Grifiith, Groves, Hararick, 
Hargrove, Higgins, Howard, Humphreys, Kilgore, Lasselle, McVey, 



488 

Newcomb, Richards, Richardson, Riford, Shuey, Sim, Spencer.. 
Stenger, Stringer, Sullivan of Scott, Upson, Weikel and Mr. Speaker j 
—33. ' 

Those who voted in the negative were, 

Messrs. Atkinson, Bonner, Branham, Burnes, Chambers, Coffroth, 
Cox, Croan, Davidson, Dunham, Foulke, Glazebrook, Gleason, Har- 
rison, Henricks, Hershey, Hogate, Hoover, Lane, Lee, Lemon, Lit- 
son, Lockhart, Lopp, Major, Miller, Milroy, Montgomery, O'Brien, 
Olleman, Osborn, Patterson, Perigo, Pinney, Prather, Reese, 
Rhoads, Rice, Roach, Sabin, Shoaff of Allen, Stewart, Stivers, 
Stuckey, Thatcher, Trusler, Veach, Welch, White, Wright, Woods 
and Zeigler — 52. 

So the motion to commit did not prevail. 

Mr. White moved to reconsider the vote just taken. 
Which was agreed to. 

The question recurring on the motion of Mr. Howard to commit 
with instructions to allow ^18.000. 

Messrs. Hamrick and Goodman demanded the ayes and noes. 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Boyd, Branham, Brown, Burnes, 
Buskirk, Chambers, Collins, Cox, Crook, Davidson, Ferris Foulke, 
Gleason, Goodman, Gregory of Montgomery, Gregory of Warren, 
Gregg, Griffith, Groves, Hargrove, Harrison, Higgins, Howard, 
Kilgore, Lemon, Litson, Milroy, McVey, Newcomb, O'Brien, Olleman, 
Pinney, Reese, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, 
Spencer, Stenger, Stringer, Stuckey, Sullivan of Scott, Thatcher, 
Upson, Veach, Welch, White, Wright, Woods and Mr. Speaker — 53. 

Those who voted in the negative were, 

Messrs. Abbett, Burton, Caldwell, Church, Coffroth, Cowgill, Croan, 
Glazebrook, Hamrick, Henricks, Hershey, Hoover, Humphrey, 
James, Lane, Lee, Lockhart, Miller, Montgomery, Osborn, Patterson, 
Perigo, Prather, Rhoads, Rice, Richards, Richardson, Roach, Stewart, 
Stivers, Trusler, Weikel and Zeigler — 33. 

So the motion to commit prevailed. 



489 
A message from the Senate, by Mr. Wilson, their Secretary. 
Mr. Speaker : 

I am directed by the President of the Senate, to inform the House 
of Representatives, that the Senate has passed the followirio- en (crossed 
bills thereof to-Avit : 

Engrossed Senate bill No. 270, entitled " an act to amend sections 
eight and ten of an act regulating the fees of officers and repealing; 
former acts in relation thereto," approved March 2, 1855. 

Also, engrossed Senate bill No. 271, entitled an act to amend 
section 1 of an act entitled, "an act authorizing Justices of the 
Peace, Notaries Public, Judges of Courts, Mayors of cities and Clerks 
of Circuit and Common Pleas Courts, to administer oaths generally 
and County Auditors in certain cases, and to legalize such as may 
heretofore have been administered by any of said officers," approved 
March 9, 1861. 

Also, engrossed Senate bill No. 273, entitled, " an act to legalize 
the action of the State Board of Equalization at its sessions in 1864, 
and declaring the duty of the Auditor of State in relation thereto.'" 

Also, engrossed Senate bill No. 275, entitled, " a bill providing for 
extending the terms of Circuit Courts, by adjournment, calling 
special terms." 

Also, engrossed Senate bill No. 306, entitled, '' an act in relation 
to the vacation of streets in cities." 

In which the concurrence of the House is respectfully requested. 

A message from the Governor, by Mr. Jacobs, his private Secre- 
tary : 

Mr. Speaker : 

I am directed by the Governor to return to the House of Repre- 
sentatives, in which it originated, enrolled act No. 47, with the 
accompanying communication stating his objections thereto. 



490 

■ ' Indianapolis, December 14, 1865. 

To the House of Representatives : 

I herewith respectfully return to the House of Representatives, in 
which it originated, with my objections thereto, enrolled act No, 47 
entitled, "an act to increase the powers of the Board of Sinking Fund 
Commissioners, and to authorize said Board to loan any moneys 
belonging to said fund, and to invest any moneys belonging to said 
fund, in Indiana State Bonds or Stocks, and providing for the can- 
cellation of such bonds or stocks, and the reissuing of new non-nego- 
tiable bonds or stocks, payable to said fund." 

Before proceeding to state my objections to the act, I beg leave to 
say, that a few hours after the bill was placed in my hands I received 
from the Senate a copy of a resolution of that body, directing the 
secretary of the Senate to inform the House that House bill No, 47 
was passed by the Senate, as it come fiom the House without any 
amendment thereto, and that if any amendment was believed by the 
House to have been made by the Senate, such belief was unfounded, 
and that the Senate regards the said bill as having legally passed 
both branches as the same was when it parsed the House, and in 
that form will become a law on being signed by the Speaker of the 
House, and the President of the Senate, and approved by the Gov- 
ernor. 

As the House has not thought proper to ask a return of the bill to 
the end, that any mistake might be corrected, I, of course, am reduced 
to the necessity of considering the bill, in the shape in which it is 
placed in my hands, authenticated as it is, by the signature of the 
President of the Senate and the Speaker of the House ; I will say 
however, in this connection, that from the best information I possess, 
it is not very material whether the amendments incorporated in the 
bill, as presented to me, were, or were not authorized by the Senate : 
they do not, in my judgment, essentially change the provisions of 
the bill, although the harmony of the language in which those pro- 
visions were couched, may have been impared by the change. The 
title and first section of the bill submitted for my action, read as fol- 
lows, viz : 

An act to increase the powers of the Board of Sinking Fund Com- 
missioners, and to authorize said board to loan any moneys belong- 
ing to said fund, and to invest any moneys belonging to said fund, 
in Indiana State Bonds or Stocks, and providing for the cancellation 



401 

of such bonds or stocks, and the reissuing; of new non-nef»otiablc 

o 

bonds or stocks, payable to said fund. 

Section 1. Be it enacted by the Ge)ie)-al Assemhlij of tie State of 
Indiana, That the Board of Sinking Fund Commissioners are hereby 
authorized and empowered, in their discretion, to purchase any Indi- 
ana State Bonds or Stocks, with any moneys belonging to said fund, 
(provided it shall be the duty of said board to purchase said State 
Bonds in preference to loaning to individuals,) whenever such bonds 
can be obtained upon satisfactory terms. 

This section, interpreted by the title of the bill, I understand, to 
vest in the Board of Sinking Fund Commissioners unlimited discre- 
tion to either invest the fund in the stocks of the State, or loan it to 
individuals without a single restriction as to the security that shall 
be required, the rate of interest that shall be reserved, the amount 
that shall be lent to each borrower, or the time for which the loans 
shall run. True the section does require the Commissioners to give 
the preference to investing the fund in the bonds of the State, when- 
ever such bonds can be obtained on satisfactory terms, but as the 
Commissioners are the exclusive judges of what terms shall be 
deemed satisfactory, this requirement would practically give to the 
board an uncontrollable discretion as to the choice of investments, 
with this understanding of the provisions of the bill, I proceed to 
state my objections to its becoming a law : 

By the 2d section of the 8th article of the Constitution, the Sinking 
Fund is made to constitute a part of the common school fund. 
The 3d section of the same article is in these words : 
"The principal of the common school fund shall remain a perpet- 
ual fund, which may be increased, but shall never be diminished ; and 
the income thereof shall be inviolably, appropriated to the support 
of common schools." 

The 4th section of the same article reads as follows, viz : 
"The General Assembly shall invest in some safe and profitable 
manner, all such portion of the common school fund as have not 
heretofore been intrusted to the several counties ; and shall make 
provision by law for the distribution among the several counties of 
the interest thereof." 

The 6th section of the same article provides as follows : 
"The several counties shall be held liable for the preservation of 
so much of said fund as may be intrusted to them, and for the pay- 
ment of the annual interest thereon." 



492 

These provisions of the Constitution sacredly dedicate the Sinking 
Fund to the education of the children of the State, and require the 
Legislature to provide for the safe and profitable investment of so 
much thereof as had not been, previously to the adoption of the Con- 
stitution, intrusted to the several counties of the State. 

It is proposed by the bill, to give the Board of Commissioners of 
the Sinking Fund, an unrestricted discretion to lend more than half 
a million of dollars of this fund, without prescribing any security, 
any rate of interest, any limit to the time for which the loans shall 
be made, or as to the amount which shall be lent to each borrower. 
I consider such a discretion as not in accordance with that require- 
ment of the Constitution which demands that the investment of the 
fund shall be made in some safe manner ; and although unsafe invest- 
ments sometimes prove profitable in their results, yet discreet men, 
viewing things in the future, and contemplating the possible, and 
not the actual issues of an investment, always consider that which 
lacks the assurance of safety to be unprofitable. It may be said that 
the Board of Sinking Fund Commissioners is composed of intelligent, 
wise and upwright men, and I grant it all. But the theory of our 
institutions is, that the best of men, when acting in official stations, 
require the restraint of law, and this is especially true, when they 
are intrusted with the management of the funds of the public. Hence, 
all the restrictions that are thrown around the legislative, judicial, 
and executive departments of the State government by the Consti- 
tution. 

The General Assembly, too, is composed of intelligent, wise and 
upright men, and it would not be a violent presumption to suppose 
that it will always be thus composed, yet the framers of the Consti 
tution have shown an unwillingness to intrust the safety of this fund 
to legislative discretion, by providing in the Constitution itself, that 
when it is confided to the counties to be lent to individuals, the counties 
shall be liable in their corporate capacities for principal and interest. 
I consider it, therefore, no imputation on the wisdom or integrity of 
the Sinking Fund Commissioners, for the Legislature to place them 
under restrictions, in the management of this fund, similar to those 
which the Constitution has imposed on the General Assembly itself. 
The Constitution requires the General Assembly to provide for the 
safe investment of the funds, and this is a duty, the peformance of 
which is delegated to others, but this bill, by making no provisions 
for the safety of the fund, in the event of its being lent to individuals, 



493 

attempts to throw upon the Board of Sinking Fund Commissioners 
the burden of making regulations for its security. I would not will- 
ingly be the recipient of such a discretion as this bill proposes, and 
I cannot, in any measure, be officially responsible for its bestowal on 
any of my fellow men, however wise and good they may be. 

The Sinking Fund Commissioners, in their report made to the Gov- 
ernor, on the 2d day of January last, after rccommendin"- the 
repeal of the law providing for the distribution of the fund amonn 
the several counties of the State, use the following language : " We 
also recommend the passage of a law authorizing this Board, in their 
discretion, to invest in Indiana State Stocks, or loan to individuals, 
upon the terms heretofore provided by law, A law absolutely requir- 
ing the investment of the fund in Indiana State Stocks would, wc 
fear, tend to the defeat of such investment by raising the market 
price of the stocks." 

The wisdom of the suggestion contained in the sentence last quoted 
cannot be doubted, and the propriety of investing the fund in the 
stock of the State is equally unquestionable. I object to this bill, 
however, because it does not embody the recommendation of the Sink- 
ing Fund Comimissioners by requiring them to lend the fund, if lent 
at all, upon the terms heretofore provided by law." The bill pro- 
poses to revive no former law, prescribes no terms itself upon whicli 
the loans shall be made, and the only other law now in force author- 
izes not the loan of the fund by the Commissioners, but requires it to 
be distributed to the several counties, to be lenfe by the Auditor and 
Treasurer of such counties upon certain terms prescribed in the law. 
The regulations governing the County Auditors and Treasurers in 
the loan of the fund, under the act of 1859, would have no applica- 
tion to the Board of Sinking Fund Commissioners under the provi- 
sions of this bdl, should it become a law. The reluctance with which 
I dissent from the deliberately expressed views of the General Assem- 
bly is diminished by the consideration that if the objections before 
stated are not well taken, the same vote that was originally required 
to pass the bill is competent to overrule these objections, and by the 
further consideration, that if the reasons assigned for returning the 
bill shall be deemed to be valid, there is yet ample time to pass a 
new bill on the same subject, containing the proper restrictions. If, 
therefore, this bill should become a law, and the possible evils before 
indicated ensue, or, if failing to become a law, the fund should remain 
idle for want of proper legislation authorizing its investment, I res- 



494 

pectfully submit that the result cannot, in either event, be justly 
chargeable to this department. 

CONRAD BAKER, 
Lieut. Governor, acting as Governor. 

Which was laid on the Speaker's table. 

Mr. Branham, from the Committee on Ways and Means, by con- 
sent, made the following report : 

Mr. Speaker : 

The Committee on Ways and Means, to whom was referred House 
bill No. 313, have had the same under consideration, and have direct- 
ed me to report it back and recommend its passage. 

Which report was laid on the table. 

Mr. Buskirk called up the motion, made by Mr. Branham on yes- 
terday, to amend Rule 54, by striking out " 11 o'clock," and insert- 
ing " 10 o'clock." 

The amendment as proposed was agreed to. 

Mr. Lasselle, by consent, from the select committee, made the fol- 
lowing report : 

Mr. Speaker: 

The committee to whom was referred House bill No. 283, in rela- 
tion to fixing the time of holding the Circuit Courts in the Eleventh 
Judicial Circuit, have had the same under consideration, and recom- 
mend the following amendment thereto, to-wit: 

Strike out so much of the amending section one, as follows the 
words " to-wit," at the end of the third line thereof, and insert the 
following in the place thereof, to-wit : 

In the county of Carroll, on the second Mondays of February and 
August of each year. 

In the county of Miami, on the fourth Mondays succeeding the 
Courts in the county of Carroll. 

In the county of Wabash, on the Mondays succeeding the Courts 
in the county of Miami. 

In the county of Huntington, on the Mondays succeeding the 
Courts in the county of Wabash. 



495 

In tlie county of Grant, on the Mondays succeeding the Courts in 
the county of Huntington. 

And in the county of Cass, on the Mondays succeedin'i- the Courts 
in the county of Grant. 

And when so amended, they recommend the passage of the bill. 

Which report was laid on the table. 

Mr. Shoaif, of Allen, from the select committee to whom was 
referred House bill No. 320, made the following report : 

Mr. Speaker: 

The select committee to whom was referred House bill No. 320, in 
relation to swinging bridges, beg leave to report that they have had 
the same under consideration, and proposed tho following amend- 
ments thereto, to-wit : 

Insert, after the word " open," in the second line of the second 
section, the words " or more." 

Strike out the word " for," in the fourth line of the same section, 
and insert in the place thereof the words, "either with or without." 

Insert after the word " substance," in the eleventh line of the same 
section, the words, " in case of the passage thereof." 

Insert after the word "bridge," in the twelfth line of the same 
section, the words, " without unnecessary delay." 

And that when so amended, they recommend its passage. 

Which report was laid upon the table. 

Mr. Gleason moved to take up Senate bill No. 306. 
Which was agreed to. 

Senate bill No. 306 was read a first time and referred to the Com- 
mittee on Corporations. 

Mr. Lasselle, from the Committee on Engrossed Bills, made the 
following report : 

Mr. Speaker: 

The Committee on Engrossed Bills, to whom was referred engrossed 
House bill No. 190, have carefully compared the same with the orig- 
inal bill, and find the same to be accurately and correctly engrossed 
in all respects. 

Which report was laid upon the table. 



496 

SPECIAL ORDER. 

The hour having arrived for the consideration of House bill No. 
513, the same was taken up. 

House bill No. 313. A bill to abolish the offices of President and 
Commissioners of the Sinking Fund, transferring said Sinking Fund 
and management thereof, to the Auditor and Treasurer of State, and 
defining their duties in relation thereto ; providing for the investment 
of the Sinking Fund in the Stocks of the State ; the execution of 
non -negotiable bonds in certain cases, and for the distribution of the 
interest accruing to said Sinking Fund, and declaring an emergency. 

Mr. Reese moved to strike out '' 1867," and insert " 1866." 
Which was not agreed to. 

The amendments heretofore reported by the Committee on Ways 
and Means were read, as follows: 

It is hereby made the duty of the Treasurer of each county in this' 
State, to pay into the State Treasury all the money in their respect- 
ive county treasuries, belonging to the Common School Fund of this 
State, except the Congressional Township School Fund, and as fast 
as the loans become due, and are paid into the county treasury, the 
same shall be paid by the Treasurer of the county into the State 
Treasury, the same as other funds are paid in, and no part of such 
fund shall be reloaned. 

The county Treasurer making such payment shall file with the 
Auditor of State, the county Auditor's certificate, stating, specifically, 
the amount so payable into the State Treasury, and that it is a part 
of the Common School Fund that was held in trust by said county. 

Sec. — . Upon the payment of such money into the State Treas- 
ury, it shall be the duty of the Treasurer and Auditor of State, to 
give to the officer making such payments, receipts and quietuses for 
the same, in the manner prescribed by law, and he shall state in such 
receipt that it is a part of the Common School Fund that was held 
by such county. 

It shall be the duty of the Auditor and Treasurer of State, to place 
such amounts, so paid in, to the credit of the State Debt Sinking 
Fund, and shall be by them invested in the Bonds or Certificates of 
Stock of the State, as other School Funds are to be invested under 
the provisions of this act. 



497 

Mr. Foulke moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being on the amendments by the Committee on Ways 
and Means, 

Messrs. Coffroth and Spencer demanded the ayes and noes. 
Mr. Griffith asked to be excused from voting. 
Which request was not granted. 

Those who voted in the affirmative were, 

Messrs. Atkison, Bonner, Boyd, Branham, Caldwell, Chambers, 
Church, Cowgill, Cox, Davidson, Ferris, Foulke, Gleason^ Goodman, 
Gregory of Montgomery, Gregory of Warren, Hararick, Henricks, 
Hershey, Higgins, Hogate, James, Kilgore, Lane, Litson, Lockhart, 
Major, Miller, Montgomery, McYey, Olleman, Rhoads, Rice, Riford, 
Sabin, Sim, Stivers, Stringer, Sullivan of P. and V., Trusler, Upson, 
Welch, Wright, Wood, Zeigler and Mr. Speaker — 47. 

Those who voted in the negative were, 

Messrs. Bird, Burnes, Burton, Burwell, Buskirk, Coffroth, Collins, 
Croan, Crook, Dunham, Glazebrook, Gregg, Griffith, Groves, Har- 
grove, Harrison, Hoover, Howard, Humphreys, Hunt, Lasselle, Lee, 
Lemon, Lopp, Milroy, Newcomb, O'Brien, Osborn, Piiiey, Prather, 
Reese, Richards, Roach, Shoaff of Allen, Shoaff of Jay, Spencer, 
Stuart, Stenger, Stuckey, Thatchei', Veach, Weikel and White — 47. 

So the amendments were not agreed to. 

Mr. Newcomb offered the following amendment: 

Amend section 4, line 3, by inserting after the words " market 
value," the following: "or on the stocks or bonds of the United 
States at their market value, not, however, exceeding their par value, 
a,nd bearing a rate of interest not less than six per cent, per annum." 

Which was agreed to. 

Mr. Newcomb offered the following amendment : 

Amend section 5, in line 3, after the word "amount," by striking 
out the word " of," and inserting the words "paid for the." 
H. J.— 32 



Mr. Branliam moved that said^ House bill, No. 313, be continued' 
as the special order of the day from day to day, until finally dis- 
posed of. 

Which was agreed to. 

The Speaker announced the following committee on House bill 
No. 6 : Messrs. Buskirk, Branham, Foulkg, Lasselle and Gleason. 

On motion by Mr. Kilgore, 
The House adjourned. 



2 o''CLO(!!S P. M. 
The House met. 

SPECIAL ORDER. 

HoTise bill No. 313 was taken up; 

The pending question being on the amendment offered' by Mr. 

Newcomb, 

■ 'I) 

It vfas agreed to. 

Mr. Newcomb offered the following amendtnent: . i- 

Amend section 5, line 12, by striking out the words "the principal 
of," and inserting the following : " the amount paid for." 

Mr. Branham moved that said House bill. No. 313, be considered 
as engrossed, and read a third time now. 

Which was agreed to, and said House bill, No. 313, was read a 
third time. 

Mr. Branham moved to fill the blank as Clerk's salary in said bill 
with $1,500. . :.. ' ._-■■' -y 

Which was agreed to. /, 



Mr. Rhoads, by unanimous conssnty moved to strike out the word 

ip." 

Which was agreed to. -^ 



"up." 



499 

The question being, shall said bill pass ? 

Those who voted in the affirmative were 

Messrs. Abbett, Atkinson, Bonner, Boyd, Branham Caldwell, 
Chambers, Church, Cowgill, Cox, Crook, Davidson, Ferris Foulke 
Gleason, Goodman, Gregory of Montgomery, Gregory of Warren, 
Griffith, Groves, Hamrick, Henricks, Hershey, Iligo-ins, Ilo^ate, 
Hoover, James, Kilgore, Lane, Litson, Lockhart, Meredith Mnjor, 
Miller, Montgomery, McVey, Newcomb, OUeman, Prather, Reese, 
Rhoads, Rice, Riford, Sabin, Shoaif of Jay, Shuey, Sim, Stewart, 
Stivers, Stringer, Sullivan of P. and V., Trusler, Upson, Welch, 
Wright, \Yoods, Zeigler and Mr. Speaker — 57. 

Those who voted in the negative were, 

Messrs. Bird, Brown, Buskirk, Coffroth, Collins, Croan, Duidiam, 
Glazebrook, Gregg, Hargrove, Harrison, Howard, Humphreys, Hunt 
Lee, Lemon, Lopp, Milroy, Osborn, Patterson, Perigo, Pinney, 
Richards, Richardson, Roach, Shoaff of iVllen, Spencer, Stenger, 
Stuckey, Sullivan of Scott, Thatcher, Veach and White — 35. 

So the bill passed. 

The question being, shall the title as read stand as the title of said 
bill? 

It was so ordered. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Branham moved to take up House bill No. 95. 
Which was agreed to. 

House bill No. 95. A bill to enable railroads to alter their lines 
in certain cases. 
Was taken up. 

The question being shall said bill pass? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Branham, Brown, Burnes, 
Buskirk, Caldwell, Chambers, Church, Coffroth, Collins, Cowgill, 
Cox, Croan, Crook, Dunham, Ferris, Foulke, Glazebrook, Gleason, 
Goodman, Gregory of Montgomery, Gregory of Warren, Griffith. 



500 

Groves, Hamrick, Hargrove, Harrison, Henricks, Hershey, Higgins, 
Hogate, Howard, James, Kilgore, Lane, Lee, Litson, Lockhart, 
Lopp, Major, Meredith, Miller, McVey, Newcomb, Olleman, Perigo, 
Pinney, Rhoads, Rice, Richardson, Riford, Roach, Sabin, Shoaff of 
Allen, Shuey, Sim, Stewart, Stenger, Stivers, Stringer, Sullivan of 
Scott, Sullivan of P. and V., Trusler, Upson, Veach, Welch, Wood- 
ruff, Wright, Woods, Zeigler and Mr. Speaker — 74. 

Those who voted in the negative were, 

Messrs. Gregg, Hoover, Humphreys, Hunt, Lemon, Milroy, Mont- 
gomery, Osborn, Patterson, Prather, Reese, Richards, Shoaff of Jay, 
Spencer, Stuckey and Thatcher — 16. 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Henricks in the Chair. 

Mr. Dunham moved to make Senate bill No. 15, the special order 
for Monday next at 2 o'clock, P. M. 
Which was agreed to. 

Mr. Branham moved to take up House bill No. 125. 
Which was agreed to. 

House bill No. 125. A bill to amend sections one and two of an 
act entitled "an act to provide for the relocation of county seats, and 
for the erection of public buildings in counties in case of such reloca- 
tion," approved March 2d, 1855. 

Was taken up, together with the following engrossed amendments 
of the Senate. 

Engrossed Senate amendments to House bill No. 125. 

Amend the first amendatory section by adding thereto the follow- 
ing words : ^'•Provided, That no such removal or relocation of a 
county seat shall be made, unless the same is removed at least three 
miles from its then location." 



501 

Amend the second amendatory section by strikin"- out the word 
"general," where it occurs before the word "election," and insertino- 
in lieu thereof the word "congressional.'' 

Amend the secend section by adding thereto the followin"- words : 
Provided^ That any person opposed to such relocation may appear 
and defend against the application, and may controvert the facts which 
the applicants are bound to prove, and for that purpose may show 
that any of the petitioners are not voters, or did not sign the petition , 
or have afterwards signed a remonstrance against the same ; and 
the fact of such signing of such remonstrance may be shown prima 
facie, by the affidavit of any person who is a competent witness in 
in other cases. 

The foregoing amendments were read and concurred in. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Coffroth moved to take up Senate bill No. 34, and place the 
same on the files. 

Which was agreed to. 

Mr. Pettit moved to suspend the order of business and take up 
House bill No. 294. 
Which was agreed to. 

House bill No. 294. A bill providing for securing to the Common 
School Fund sums forfeited on recognizances and fixing the mode for 
declaring their forfeiture. 

Was taken up. 

Mr. Groves moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 

The question being shall said bill be considered as engrossed ? 
It was agreed to. 

Said House bill No. 294, was read a third time. 

The question being, shall the bill pass ? 

Those who voted in the affirmative were, 
Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Barnes, 



502 

Caldwell, Chambers, Church, Collins, Cowgill Cox, Crook, Davidson 
Ferris, Foulke, Gleason, Goodman, Gregg, Gregory of Montgomery, 
Gregory of Warren, Griffith, Groves, Hamrick, Hargrove, Henricks, 
Hershey, Higgins, Hogate, Hoover, James, Kilgore, Lane, Lasselle, 
Litson, Lockhart, Major, Meredith, Miller, Montgomery, McVey, 
Newcomb, Olleman, Perigo, Pinney, Prather, Reese, Rhoads, Rice, 
Richards, Richardson, Riford, Sabin, Shoaff of Allen, Sboaif of Jay, 
Shuey, Sim, Stewart, Stenger, Stivers, Stringer, Sullivan of P. and V., 
Thatcher, Trusler, Upson, Yeach, Weikel, Welch, White, Wright, 
Woods, Zeigler and Mr. Speaker — 74. 

Those who voted in the negative were, 

Messrs. Croan, Dunham, Glazebrook, Harrison, Howard, Hum- 
phreys, Hunt, Lee, Lemon, Milroy, O'Brien, Osborn, Roach, Spencer 
and Stucker — 15. 

The question being, shall the title, as read, stand as the title of 
said bill ? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate there (f. 

Mr. Pettit moved to reconsider the several votes whereby said 
House bill No. 294 was passed, and to lay said motion on the table 
Which was agreed to. 

Mr. Groves moved to suspend the order of business and take up 
House bill No. 247. 

Mr. Griffith moved to amend by taking up House bill No. 245. 

Mr. Miller moved to lay the motion made by Mr. Griffith on the 
table. 

Which was agreed to. 

The question being on the motion made by Mr. Groves. 
It was not agreed to. 

Mr. Reese moved to reconsider the vote whereby the House refused 
to locate the Agricultural College at the Battle Ground. 



508 



On motion, by Mr. Newcomb, the order of business was suspended 
and the House proceeded to take up 



HOUSE BILLS ON THIRD READING. 

House bill No. 123. A bill to declare forfeited the right of vaj 
of certain railroad companies, to branch roads, no part of which has 
been completed and upon which no work has been done for ten years. 
and declaring that the right of way aforesaid shall revert to the land 
owners along the route thereof. 

Wa-s taken up and read a third time. 

Mr. Newcomb moved the previous question. 
AVhich was seconded by the House. 

The question being shall the main question be nov/ put? 
It was so ordered. 

The question being shall said bill pass ? 

Those who voted in the affirmative were, 

Messrs. Atkinson, Bonner, Buekirk, Caldwell, Collins, Cox, David- 
son, Ferris, Gleacon, Gregory of Montgomery, Gregory of Warren, 
Groves, Hamriek, Harrison, Henricks, Higgins, Hogate, Hoover, 
Humphreys, Hunt, Lane, Lasselle, Lockhart, Lopp, Major, Meredith, 
JNIilroy, Montgomery, MeVey, Newcomb, O'Brien, Olleman, Osborn, 
Terigo, Pinney, Reese, Rhoads, Rice, Richards, Richardson, Reach, 
Sabia, Shuey, Sim, Spencer, Stenger, Stivers, Stringer, Stuckey, 
Sullivan of P. and V., Trusler, Upson, Veach, Welch, Wright WoodS; 
Zeigler and Mr. Speaker — 69. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Brown, Boyd, Burnes, Cowgill, Croan, Glaze- 
brook, Griffith, Hargrove, James, Kilgore, Lemon, Prather, Riford, 
Shoaff of Allen, Shoaff of Jay, Sullivan of Scott and Weikel — 21. 

The question being, shall the title, as read, stand as the title of 
said bill -? 

It was so ordered. 

So the bill pafised. 

Ordered, That the Clerk inform the Senate thereof. 



504 

The Speaker laid before the House the following report from t he 
Board of Commissioners of the Sinking Fund : 

To the House of Representatives of the State of Indiana : 

In compliance with your resolution of the 13th inst., introduced bj 
the member from Kosciusko county, (Mr. Cowgill,) the undersigned, 
President of the Board of Commissioners of the Sinking Fund, re- 
spectfully reports that the amount of the fund received, and noti 
invested in the bonds of the State, (since January 26, 1863,) and 
which appears on the books of the Fund, is, December 14, 1865, 
S775,538.67 ; of which sum there is available to interest, as the Legis- 
lature shall direet, the sum of c ^613,146 17 

Leaving unexpended 162,392 50 

Total $775 ,538 67 

The said available sum of $613,146.17 is deposited without interest 
to the Fund, or any person, for safekeeping, as follows, at Indianapo- 
lis : 

In Bank of S. A. Fletcher & Co $275,016 25. 

In First National Bank 228,828 40 

In Bank of A. & J. C. S. Harrison , 95,195 29 

At Muncie, in Branch Bank 64,106 23 

Total $613,146 17 

Said deposits were made from time to time as the money accumu- 
lated in the Fund, commencing with S. A. Fletcher & Co., January 
31, 1863; First National, February 25, 1864; A. & J. O. S. Harri- 
son, April 4, 1865 ; Muncie Branch Bank, May 3, 1865 ; and earned 
nothing except in that with S. A. Fletcher & Co., from whom the 
exchange on New York for the purchase of nearly $584,000 of State 
Bank Loan Bonds, made since said January 26, 1863, by said Board, 
was procured without charge. 

The suspended fund, above mentioned, not at present available, 
amounting to $162,392.50, is composed of a deposit with Henry J. 
Lyons & Co., of New York, made as follows : 

August 8, 1864 $25,000 00 

August 29,1864 26,619 08 

September 27, 1864 27,354.26. 



505 

October 4, 1864 2 082 25> 

October 31, ISiJ-t 20.801 50 

December 28,1864 ,j3q 59 

January 10, 1865 30,653 46 

Amounting to §133,281 14 

Of which was paid, December 12, 1865 , 20 888 64 

Leaving unpaid the sum of ^112 392 50^ 

And is further composed of a^ loan made by S. A. Fletcher 

& Co., of $20,000 00 

First National Bank 20,000 00 

Harrison's Bank 10,000 00 

$50,000 00 

$162,392 50 

On April 17, 1865, without interest, to th& Governor and Auditor 
of State, for sanitary purposes, based on the said deposits with said 
banks, and which is to be refunded to said banks at the earliest possi- 
ble day, when said $50,000 will be subject to the order of the Board ; 
\;hough prior to such day no honorable withdrawal of said deposits 
dan be made. The deposits with Lyons & Co., is secured by the 
bond of the individual members of that firm, (composed of Henry J» 
Lyons, C. B. Simmons, and D. Ricketts,) and also by collateral notes, 
payable in bank, given by parties esteemed perfectly good, amounting 
to $81,405.50, of which there has just been paid in, as stated above, 

0,888.64 ; leaving still due on these notes, $60,516.86. 

The remainder of the deposits with Lyons & Co., not provided for 
in the collaterals above mentioned, amounting to $51,875.64, has been 
secured, as I am informed, by Mr. Ricketts, by his assigning sufficient 
property to the President of the First National Bank of Jeflferson- 
ville, in trust for this fund. 

Very respectfully, 

W. H. TALEOTT, Pres't. 

House bill No. 184, a bill to amend an act regulating the fees o£ 
)fficers, and repealing former acts in relation thereto, 
Was taken up and read a third time. 

Mr. Newcomb moved to lay the hill on the table. 
Which was not agreed to. 



506 

The qtiestion feeing, stall said House bill No. 184 pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Bird, Bonner, Brown, Burnes, Burton, BurwelL 
CJaldwell, Collins, Cox, Davidson, Ferris, Foulke,Glazebrook, Gleason 
Gregg, Gregory of Montgomery, Gregory of Warren, Hamrick, Hen 
ricks, Hershey, Hogate, Hoover, Kilgore, Lemon, Lcckhart, Lopp 
Meredith, Milroy, Montgomery, McVey, Osborn, Perigo, Pinney 
Prather, Reese, Rhoads, Rice, Richardson, Riford, Roach, Sabin 
Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Spencer, Stewart 
Stivers, Stuckey, Sullivan of Scott, Thatcher, Veach, Welch, Woods 
Zeigler and Mr. Speaker — 57. 

Those who voted in the negative were, 

Messrs. Coffroth, Goodman, Groves, Hargrove, Harrison^ Higgins 
Lane, Miller, Newcomb, O'Brien, Olleman, Richards, Stringer, Sulli 
van of P. and V., Trusler, Upson and Weikel — 17. 

Th« question being, shall the title, as read, stand as the title of sai( 
•bill? 

It was so ordered. 

So the bill passed. 

Ordered^ That the Clerk inform the Senate thereof. 

House bill No. 189, a bill to amend section 52 of an act entitlec 
■*' an act to amend an act to authorize and regulate the business oi 
general banking," passed the House and Senate of the General As 
sembly, the Governor's objections thereto notwithstanding, on the 3^ 
day of March, 1855. 

Mr. Rhoads moved to indefinitely postpone said bill. 
Which was agreed to. 

House bill No. 196, a bill to extend the time allowed by the la^ 
for the completion of gravel roads for the term of one year, in case 
therein specified. 

Was taken up, read a third time, and, 

The question being, shall said bill pass ? 



507 

Those who votetl in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Burnes, Burton, 
Buskirk, Caldwell, Coffroth, Collins, Cox, Croan, Davidson, Ferris, 
^'oulke, Glazebrook, Goodman, Gregg, Gregory of Montgomery, 
jrregory of Warren, Griffith, Groves, Hamrick, Hargrove, Harrison, 
lenricks, Hershey, Hogate, Hoover, Howard, Humphreys, Hunt, 
Tames, Kilgore, Lane, Lasselle, Lemon, Lockhart, Lopp, Major, 
^leredith. Miller, Milroy, Montgomery, McVey, Newcomb, Olleman, 
)sborn, Patterson, Perigo, Pinney, Prather, Reese, Rhoads, Rice, 
lichards, Richardson, Riford, Roach, Sabin, Shoaff of Allen, Shuey, 
'Um, Spencer, Stewart, Stenger, Stivers, Stuckey, Sullivan of Scott, 
lullivan of P. and V., Thatcher, Weikel, Welch, White, Woods, 
ieigler and Mr. Speaker — 78. 

Those who voted in the negative were, 

Messrs. Stringer, Trusler, Upson, Veach and Weikel — 5. 

The question being, shall the title as read stand as the title of said 
^11? • 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

Mr. Coffroth moved that when the House adjourn, it meet again at 
o'clock this evening. 
Which was agreed to. 

House bill No. 185 was taken up, and, 

On motion by Mr. Rhoads, 
Was laid on the table. 

Mr. Lasselle moved to reconsider the vote whereby the House 
definitely postponed House bill No. 3 89. 

J, Mr. Rice, from the Committee on the Judiciary, by consent, made 
e following report : 

R. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 
1,0, entitled " an act to amend the fourteenth section of an act to 



508 

limit the number of Grand Jurors, and to point out the mode of their 
selection, defining their jurisdiction, and repealing all laws incon- 
sistent therewith, so as to give the Grand Jury concurrent jurisdic- 
tion with Courts of Common Pleas, and Justices of the Peace in mis- 
demeanors, except in cases where the fine does not exceed three 
dollars," would report that they have had the same under consider- 
ation, and report the same back, and recommend its passage. 
Which report was laid on the table. 

House bill No. 220. A bill to amend the fourteenth section of an 
act entitled " an act to limit the number of Grand Jurors, and to 
point out the mode of their selection ; defining their jurisdiction, and 
repealing all laws inconsistent therewith, so as to give the Grand 
Jury concurrent jurisdiction with the Courts of Common Pleas, and 
Justices of the Peace in misdemeanors, except in cases where the 
fine cannot exceed three dollars. 

"Was taken up, read a third time, and. 

The question being, shall the bill pass ? i 

Those who voted in the affirmative were, 
Messrs. Abbett, Atkinson, Bird, Brown, Burnes, Burton, Burwellf 
Buskirk, Caldwell, CoflFroth, Cox, Croan, Ferris, Foulke, Gleason 
Goodman, Gregory of Warren. Griffith, Groves, Hamrick, Hargrove 
Harrison, Hershey, Hogate, Hoover, James, Lane, Lemon, Lockhart 
Lopp, Major, Meredith, Miller, Milroy, Montgomery, McVey, New 
comb, Olleman, Osborn, Perigo, Pinney, Prather, Rhoads, Ric( 
Riford, Roach, Sabin, Shoafi" of Allen, Shoaff of Jay, Spencei 
Stowart, Stenger, Stivers, Stringer, Stuckey, Sullivan of Scott, Su. 
livan of P. and V., Thatcher, Trusler, Welch, Wright, Woods, Zeigle 
and Mr. Speaker— 64. 

Those who voted in the negative were, 

Messrs. Collins, Davidson, Dunham, Glazebrook, Humphreyi 
Hunt, Reese, Richards, Richardson and Weikel— 10. 

The question being, shall the title as read stand as the title of tl 

bill? 

It was so ordered. 

So the bill passed. 

Ordered, That the Clerk inform the Senate thereof. 

On motion by Mr. Milroy, 
The House adjourned to meet at 7 o'clock this evening. 






509 



7 o'clock p. m. 
The House met. 

SPECIAL ORDER. 

The hour having arrived for the consideration of House bill No, 

208, 

Mr. Rhoads moved to suspend the order of business, and take up 
House bills on their third reading. 

No quorum voting, the Speaker ordered a call of the House, when 
the following members answered to their names : 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Brown, Buskirk, 
Caldwell, Church, Coffroth, Collins, Cowgill, Cox, Croan, Davidson, 
Ferris, Foulke, Gleason, Goodman, Gregg, Gregory of Montgomery, 
Gregory of Warren, Groves, Hargrove, Harrison, Hershey, Hoover, 
Humphreys, Hunt, Kilgore, Lane, Lemon, Litson, Lockhart, Lopp, 
Major, Meredith, Miller, Montgomery, McVey, Newcomb, O'Brien, 
Olleman, Osborn, Perigo, Prather, Reese, Rhoads, Richardson, Riford, 
Roach, Sabin, Shoaff of Allen, Shoaff of Jay, Shuey, Sim, Stewart, 
Stuckey, Sullivan of Scott, Sullivan of P. andV,, Thatcher, Trusler, 
Weikel, White, Wright, Woods, Zeigler and Mr. Speaker — 68. 

A quorum being present, a further call was dispensed with. 

Mr. Rhoads moved to suspend the order of business, and take up 
House bill No. 245. 

Which was not agreed to. 

' SPECIAL ORDER OP TEE DAY. 

The hour having arrived for the consideration of House bill No. 
208, the same was taken up. 

' House bill No. 208. A bill to amend the first and tenth sections 
of an act to provide for a general system of common schools, the 
oflBcers thereof, and their respective powers and duties, and matters 
properly connected therewith, and prescribing the fees for certain 
oflficers therein named, and for the establishment and regulation of 
Township Libraries, and to repeal all laws inconsistent therewith, 
providing penalties threin prescribed, approved March 6, 18t35. 



510 

The question being, shall said bill be ordered to be engrossed and 
passed to a third reading, 

Mr. Kilgore moved the previous question. ^ . 

Which was seconded by the House. 

The question being, shall the main question be now put? 
It was so ordered. 

The question being, shall said bill be engrossed and read a third 
time, 

It was so ordered. 

And said bill was considered as engrossed, and read a third time. 

The question being, shall said bill pass ? 

Those who voted in the afiSrmative were, 

Messrs. Atkinson, Bonner, Branham, Church, Cowgill, Cox, Fer- 
ris, Foulke, Gleason, Gregory of Warren, Griffith, Henricks, Her- 
shey, Higgins, Hoover, Kilgore, Lane, Lockhart, Major, Meredith, 
Miller, Montgomery, McVey, Newcomb, Reese, Rhoads, Rice, Riford, 
Sabin, Shuey, Sim, Stewart, Sullivan of P. and V., Trusler, Woods, 
Zeigler and Mr. Speaker — 37. 

Those who voted in the negative were, 

Messrs. Abbett, Bird, Boyd, Brown, Burton, Burwell, Buskirk, 
Caldwell, CoiFroth, Collins, Croan, Dunham, Goodman, Gregg, Groves,; 
Hargrove, Harrison, Humphreys, Hunt, Lasselle, Lemon, Litson, 
Lopp, O'Brien, Olleman, Osborn, Perigo, Prather, Richardson, Roach, 
Shoaff of Allen, Shoaff of Jay, Stuckey, Sullivan of Scott, Thatcher,} 
Veach, Weikel, White and Wright— 40. 

So the bill was lost. 

Mr. Rhoads moved to suspend the order of business, and take up 
House bill No. 245, 
AYhicli was agreed to. 

House bill No. 245. A bill to amend sections 12, 14, 18, 21, 
26, 40, 41 and 42 of an act entitled " an act to provide for a general 
system of common schools, the officers thereof, and their respective 



510 

powers and duties, and matters properly ccnnected therewith, and 
prescribing the fees for certain oflBcers tlierein named, and for the- 
establishment and regulation of Township Libraries, and to repea! 
all laws inconsistent therewith, providing penalties therein prescribed,"^ 
approved March 6, 1865, 

Was taken up, together with the following amendments heretofore 
reported. 

Amend section 108, which reads as follows, to-wit : 

Sec. 108. The following fees only shall be charged in cases of 
nortgao-e for loans : 



"O O' 



lo each appraiser $ 50 

For recording mortgage 1 00' 

For drawing mortgage ,. 1 00 

For making Coroner's affidavit 10 

^'or Clerk's certificate 50 

^nd Recorder's certificate and examining title, each....... 1 00 

Which shall be paid by the borrower, be, and the same shall be 
imended to read : 

Sec. 108. The following fees only shall be charged in cases of 
nortgage for loans : 

Co each appraiser ^ f 50 

^^or recording mortgage 1 00 

^'or drawing mortgage , , 1 00 

^'or making borrower's affidavit , 10 

.^'or Clerk's certificate.... 50 

\.nd Recorder's certificate examining title 1 00 

Which shall be paid by the borrower. 

The question being on the adoption of the amendments. 
They were adopted. 

Said House bill No. 245 was considered as engrossed and read & 
bird time. 

Mr. Griffith moved the previous question. 
Which was seconded by the House. 

The question being, shall the main question be now put ? 
It was so ordered. 



512 

The question being, shall said bill pass ? 

Mr. Shoaff, of Jay, moved to reconsider the vote whereby said bill 
•was ordered to be engrossed. 
It was agreed to. 

Mr. Pinney moved to strike out the 12th section of said bill. 

Mr. Buskirk moved to lay the bill on the table. 
"Which was agreed to. 

Mr. Prather moved that the House do now adjourn. 

Which was not agreed to. ' 

REGULAR ORDER. 

Mr. Higgins moved to suspend the order of business, and take up 
Senate bills on first reading. 
"Which was not agreed to. 

Mr. Brown moved to suspend the order of business, and take «p 
House bills on third reading. 
Which was agreed to. 
House bill No. 168 was taken up, and. 

On motion by Mr. Newcomb, 
Xaid upon the table. 

House bill No. 173 was taken up, and. 

On motion by Mr. Newcomb, 
Laid upon the table. 

Mr. Rhoads moved that the vote whereby House bill ^o. 189 was: 
indefinitely postponed, be reconsidered. 

House bill No. 231. A bill to protect lawful public notices, and 
prescribing a penalty for injuries thereto. 

Was taken up, read a third time, and the question being, shall said 
bill pass ? 

Those who voted in the affirmative were, 

Messrs. Abbett, Atkinson, Bird, Bonner, Boyd, Branham, Brown. 
Burton, Burwell, Buskirk, Caldwell, Church, Coflfroth, Cowgill^ Cox 



518 

"Davidson, Ib'oulke, Gleason, Goodman, Gregg, Gregory of Warren, 
Griffith, Groves, Hargrove, Harrison, Henricks, Higgins, Hoover, 
Hunt, Lane, Lasselle, Lemon, Litson, Lockhart, Lopp, Major, Miller, 
Milroj, Montgomery, McVey, Newcomb, Olleman, Osborn, Perigo, 
Prathcr, Reese, Rhoads, Rico, Riford, Roach, Sabin, Shoaff of A'len, 
Shoaff of Jay, Sim, Stewart, Sullivan of Scott, Sullivan of P. and V.. 
Thatcher, Tl'usler, Vcach, Weikel, White, Wright, W^ods, Zei^ler and 
Mr. Speaker — 65. 

Those who voted in the negative were, 

Messrs. Dunham, Ferris, Hersliey and Stuckey — 4. 

The question being, shall the title as read stand as the title of said 
Ml? 

It was so ordered. 

So the bill passed. 

Ordered, That the dl erk inform the Senate thereof. 

On motion by Mr. Dunham^ 
The House adjourned. 



SATURDAY MORNING, 9 o'clock, \ 
December 16, 1865. j 

The Housfe met pursuant to adjournment. 

The Clerk proceeded to read the Journal of yesterday, when on 
■tootion, by Mr. Milroy, its further reading was dispensed with. 

The Journal of yesterday was then approved. 

PETITIONS, MEMORIALS AND REMONSTRANCES. 

By Mr. Yeach : 

•A claim from W. H. Drapier, for preparing a calender of business 
H. J.—— 33 



614 j 

before the House of Representatives at the special session, embracing 
all Senate and House bills on files, &c. 

Which was referred to the Committee on Claims. ^ 

I 
'I 

REPORTS OF COMMITTEES. '. 

Mr. Newcomb, from the Judiciary Committee, made the following 

report : 

! 

Mr. Speaker: •' 

■i 

The Judiciary Committee, to whom was referred House bill No. 
116, entitled "a bill to provide for testing and sealing all weights and 
measures used by wholesale and retail merchants and dealers, and 
providing a punishment for all persons who shall violate the provis- 
ions of this act, and declaring an emergency," respectfully report ^ 
that they have had said bill under consideration and recommend its 
indefinite postponement. 

Which was concurred in, and the bill was indeffnitely postponed. 

Mr. Newcomb, from the Committee on the Judiciary, made the fol- 
lowing report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred House bill Ho. 
303, entitled an act to amend the second section of an act entitled 
*'an act prohibiting Supreme, Circuit, or Common Pleas Judges, 
County Clerks, Auditors, Treasurers, Recorders, Sheriffs or their 
Deputies, from practicing law in any of the Courts of this State^ 
except as in this act permitted, and prescribing punishment for the 
violation thereof, and prescribing the duty of Courts in reference 
thereto," respectfully report that they have had the same under com-' 
sideration, and recommend its passage. 

Which report was laid upon the table. 

Mr. Newcomb from the Committee on the Judiciary made the fol- 
lowing report : 

Mr Speaker : 

The Committee on the Judiciary, to whom was referred Senate 
bill No. 50, entitled a bill providing for the redemption of real estate 
or any interest therein sold or executed, or order of sale, and provid- 



515 

ing for the issuing of certificates of purchase in such cases, and For 
the execution of conveyances, and repealing nil laws in conflict 
therewith, respectfully report that they have had said bill under con- 
isideration, and recommend its indefinite postponement. 

Which report was concurred in, and the hill indefinitely postponed, 

Mr. Newcomb, from the Committee on the Judiciary made the fol- 
lowing report : 

Mr. Speaker : 

The Judiciary Committee, to whom was referred Senate bill No. 2. 
mtitled "a bill regulating the practice in Circuit and Common 
Pleas Courts of this State, on appeals from Judgments of Justices of 
the Peace," respectfully report that they have had said bill under 
consideration and recommend its indefinite postponement. 

Which report was concurred in, and the bill was indefinitely post- 
3oned. 

Mr. Newcomb, from the Judiciary Committee, made the following 
•eport : 

^Ir. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 

18, entitled "an act providing for extending the terms of Circuit 
!lourts, calling adjourned and special terms, and providing compensa- 
ion for holding same," respectfully report that they have had said 
ill under consideration, and recommend its indefinite postponement. 

Which report was concurred in, and the bill Avas indefinitely post- 
oned. 

Mr, Rice, from the Committee on the Judiciary, made the follow- 
ig report : 

Ir. Speaker: 

The Judiciary Committee, to whom was referred House bill No. 
|03, entitled "an act prescribing the duties of prosecuting and dis- 
j'ict Attorneys in certain cases, and providing compensation for the 
lime," respectfully report that they have had the same under con- 
^ deration and recommend the following amendment. Strike out 
' 'ter the word "shall" in the 6th line of section 1st, the following 
'ijords, "or where there is an agreement of the parties for the submis- 



516 

sion of the same'^ and upon the adoption of said amendment, the com- 
mittee recommend its passage. 

Which report was laid upon the table. 

Mr. Miller, from the Committee on the Organization of Courts, 
made the following report: 

Mr. Speaker : ' 

The Committee on the Organization of Courts, to whom was referred 
Senate bill No. 22, entitled an act to amend section ten of an act enti- [ 
tied an act providing for the election and qualification of Justice ofi 
the Peace, and defining their jurisdiction, powers and duties, in civil 
cases, approved June 9, 1852, have had the same under considera- 
tion, and directed me to report the bill back and recommend its pas- 
sage. 

Which report was laid upon the table. 

Mr. Gregory, from the Committee on Education, made the follow* 
ing report : 

Mr. Speaker 

The Committee on Education, to whom was referred the memorialL 
and petition of Joseph Galligher and others, of the Township oil 
Clinton, Elkhart County, asking for Legislation compelling parents*, 
and guardians to send their children to school, have had the samti. 
under consideration, and they would report, that, while they are o: 
the opinion that all children should attend the common schools of thc^ 
. State, yet we are not prepared to report in favor of the expediency ' 
at this time of passing a law compelling parents and guardians unde: . 
a penalty to send their children to school. 

Which report was laid on the table. 

Mr. Gregory from the special committee, to whom was referred th' 
petition of D. Jacobs, and others, asking a repeal of part of sectioi ■ 
34 of ;in act to provide for a general system of common schools.,, 
approved March G, 1865, by striking out that part of said sectio; _ 
34 which requires teachers to procure a license to teach physiology 
and the history of the United States, ask leave to be excused froi 
making a report on said petition 

Which was agreed to. ,' 



517 

Mr. Boyd, from the Committee on Claims, made the followin^^ 
eport : '^ 

>Ir. Speaker : 

The Committee on Chiims, to whom was referred the chiim of 
. W. Copeland for the sum of nine dollars, and, also, the claim of 
[. C. Chandler & Co. for the sum of two hundred and twenty-nine 
ollars and ninety-five cents, have had the same under consideration, 
ad beg leave to report that they recommend that the same be 
llowed and placed in the Specific Appropriation Bill for payment. 

V>'hich was referred to the Committee on Ways and Means, with 
structions to incorporate the amounts claimed in the Specific Ap- 
;'opriation Bill. 

Mr. Veach, from the Committee on Claims, made the followincr 
iport: 

'. R. Speaker : 

The Committee on Claims, to whom was referred the claim of 
IbIoss Root & Co., for the sum of thirty-nine dollars and ninety- five 
fnts, for stove, &c., for Supreme Court Room, have had the same 
ider consideration, and have directed me to report the same back 
fd recommend that the same be allowed and incorporated in the 
^'ecific Appropriation Bill for payment. 

Which was referred to the Committee on Ways and Means, with 
iitructions to incorporate the amount claimed in the Specific Appro- 
pation bill. 

Mr. Lockhart, from the Committee on Claims, made the following 

'iiort : 

y . Speaker : 

-he Committee on Claims, to whom was referred the claim of 
re. Wilson for fifteen pair of scissors bought by the Stationery 
^rk of last session, have had the same under consideration, and 
V'lld respectfully report the same back and recommend that the 
Mi of nine dollars be allowed him, and that the sum be placed in 
h Specific Appropriation Bill. 



518 

Air Lockhart moved that the report be referred to the Committee 
on'ways and Means, with instructions to incorporate the amount, 
chnmed in the Specific Appropriation Bill. 

Which was not agreed to. 

The Report was laid on the table. 

Mr. Abbett, from the Committee on Claims, made the following 
report : 

Mr. Speaker : 

The Committee to whom was referred the claim of Peter Wilkin. 
$3 00 for one coal tub for the use of the House, mstruct me tj 
report the same back, and would respectfully ask that it be allowec 

Which was referred to the Committee on Ways and Means, wit 
instructions to incorporate the same in the Specific Appropnatio 
Bill. 

Mr. Stringer, from the Committee on Roads, made the foUowiij 
report : I 

Mr. Speaker : . 

The Committee on Eoads, to whom was referred House biVl ^ 
323, have directed me to report the same back aod recommend th 

it do pass. I 

Which report was laid on the table. j 

Mr. Bonner, from the Committee on Roads, made the followi: 

I 
report : 

Mr. Speaker: 

The Committee on Roads, to whom was referred Senate bill 
-n7 have had the same under consideration, and a majority ot 
Committee direct me to make the following report : 

Strike out " one mile," wherever it occurs in said bill, and in 
"three-fourths of one mile," and when so amended, recommend 

passage. 

Which report was laid on the table. 



519 



Mr. Stivers, from the Committee on County and Township Busi- 
ness, made the following report : 

Mr. SrEAKER : 

The Committee to whom was referred House bill No. 258 whi-ch 
proposes to increase the fees of Township Trustees from one' dollar 
and fifty cents to two dollars and fifty cents per day, have had the 
same under consideration, and instruct me to report the same back 
to the PTouse and recommend its passage. 

Which report was laid on the table. 

Mr. Lockhart from the Committee on Claims, by consent, made 
the following report : 

Mr. Speaker: 

-The Committee on Claims to whom was referred the claim of Ezekiel 
[Green, Treasurer of the coun